Posted On: December 16, 2008 by Ronald V. Miller, Jr.

Motion for Sanctions

The National Law Journal reports that 25% of the reported electronic discovery opinions issued in the first 10 months of the year involved sanctions issues. Thirteen percent of the cases reviewed addressed preservation of evidence and spoliation issues. More statistics: 12% involved computer forensics protocols and experts, 11% addressed admissibility of evidence and 7% of cases involved privilege considerations and waivers.

If lawyers are taking up a quarter of our motions practice seeking sanctions, we are wasting way too much of the court's time with bad or obstructionist lawyers making everyone's jobs more difficult.

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