Thursday, January 13, 2011

E-Discovery Sanctions Reach All-Time High for Litigants and Lawyers

E-discovery sanctions have reached an all-time high after three decades of litigation over alleged discovery wrongdoing, and lawyers are increasingly being targeted.

A study by three King & Spalding lawyers identified 30 cases in which attorneys were sanctioned for e-discovery violations, seven of them in 2009, according to a summary on the Catalyst E-Discovery Blog. Overall, 46 sanctions were awarded in 2009, the last year covered by the study.

Before 2009, the highest number of sanctions awarded against lawyers in a single year was five, in 2008 and 2007.

“Sanction motions and sanction awards for e-discovery violations have been trending ever-upward for the last 10 years and have now reached historic highs,” according to the King & Spalding study, published in the Duke Law Journal (PDF).

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Source: abajournal.com
By: Debra Cassens Weiss

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