As mentioned in class, it is a very grey area when the FRCP states that preservation should occur when litigation is “anticipated”. The article states that a litigant should issue a duty to preserve as soon as possible.

poliation cases are on the rise in Washington State. As mentioned in class, it is a very grey area when the FRCP states that preservation should occur when litigation is “anticipated”. The article states that a litigant should issue a duty to preserve as soon as possible. However, the plaintiff attorney must also investigate the merits of the complaint to ensure there is a legal matter to dispute. Read the article and provide your thoughts. Do you think issuing a duty to preserve as soon as possible is wise? In doing so, what if the plaintiff investigation deems there are no merits to bring forth litigation? Could there be consequences for such action?

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