Comments

Discovery of Computer Stored Documents and Computer Based Litigation Support Systems: Why Give Up More Than Necessary

Byline:

Patrick R. Grady

Issue:

VOL. XIV • Spring 1996 • NO. 3 (table of contents)

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Abstract:

This comment discusses discovery issues related to documents stored on a computer or litigation support system. The basics of computer information storage, business records systems, and litigation support systems are discussed. To eliminate unnecessary discovery, this comment suggests the creation of a record retention system that takes into consideration the company’s need of efficient storage, archival of information, and destruction of documents no longer legally required to be kept. An in-house counsel’s ethical considerations for document destruction are also discussed, as well as his or her ability to protect litigation support systems from unnecessary discovery with the work product privilege.

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