Skilled trial counsel are not just good talkers. They are patient listeners and observers of human nature who, through years of experience, have learned how to identify a witness’s conflicting motivations and to assess witness candor.
E-discovery: For potential trial witnesses, custodian interviews should never be just about e-discovery
The explosion of electronic communications has created an entire generation of attorneys who are focused upon electronic data analysis as the primary means of assessing their own clients’ claims and defenses.
The numerous headline-grabbing sanctions awards for corporate e-discovery breaches have no doubt served a beneficial purpose by heightening in-house counsel’s attention to implementing an early and effective litigation hold.