Pretend that I am your client. I don’t know why I should have to help the opposing party at all – or even meet with him and his lawyer – and I certainly don’t want to give him any informati
discuss the electronic discovery/electronic evidence issues with each of the scenarios.
discussion should include the Federal Rules of Civil Procedure (FRCP), ABA Model Rules of
Professional Conduct, other court rules, court cases and any other relevant materials. Consider
also how technology was used to create the situation the party/client finds itself in, how
technology can be used to address the issues and the possibility of sanctions for the party/client
and for the lawyers.
Scenario One: Pretend that I am your client. I don’t know why I should have to help the opposing party at
all – or even meet with him and his lawyer – and I certainly don’t want to give him any information that
might help his case. He is a scoundrel and the very sight of him makes me nauseous!
Scenario Two: Pretend that I am your client and I have been injured by what I believe is a defective product
manufactured and sold by ABC, Inc., a giant corporation. What kinds of evidence would you request from
ABC, Inc., from what sources and in what format? What are some additional considerations? What are my
responsibilities as a client?
Scenario Three: Now take the opposite side. You are the lawyer who usually represents ABC, Inc., which
you anticipate is going to be sued by me because I believe that your client’s product injured me. What
kinds of evidence would you request from me as the opposing party, from what sources and in what
format? What are some additional considerations? What are ABC’s responsibilities as a client?
Scenario Four: Pretend that I am your client. I refuse to even think about upcoming litigation! Use your
best advocacy for why early case management is preferred and the benefits of it. What are some activities
that are part of early case management? What are some potential consequences if we don’t engage in
early case management?
Scenario Five: Pretend that I am your client- the President of a long-lived and well-established medium-
sized company. Frankly, how we handle our information and data is haphazard at best and legacy systems
and software have come and gone. We also use a cloud-computing vendor. Use your best arguments to
convince me and my executive team that we should establish and enforce a comprehensive information
governance (JG) plan. What are some considerations in preparing an JG plan? What are some risks if we
don’t have in JG plan in place? Why should we think about JG being an important step in electronic
discovery?
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