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> Discovery does nothing to prevent either party from destroying or withholding evidence. It literally criminalizes it! People go to jail and lawyers get disb
by ajross 2y ago
> Discovery does nothing to prevent either party from destroying or withholding evidence.
It literally criminalizes it! People go to jail and lawyers get disbarred for obstruction every year. And as a result reputable firms won't even try to dance around these things. If you're an attorney and get a subpoena or discovery request, you tell your client to freeze their backups right away and send repeated emails reminding them, then print them out and file them along with the response. This is true even if it's a ridiculous request you know you'll beat. Because you know if you fuck this up you'll lose your career.
I mean... have you ever actually talked to a corporate lawyer?