Spoliation, escrows, courts etc.

[Jim Choate]

On Tue, 31 Jul 2001 mmotyka at lsil.com wrote:

> There are a fairly small set of states to be accounted for :
> 1) unaware that the information could become the object of a court
> action
> 2) aware that the information could become the object of a court action
> 3) aware that the information was in fact the object of a court action
> 
> Now my sense of right and wrong says states 1) and 2) are equivalent and
> that only state 3), awareness of a subpoena, is potentially relevant but
> our relevant pro bono guy says not.

Actually I'd say 2 and 3 are equivalent from the perspective of a court,
you had reason to suspect (and in the case of 'know' it was simply
stronger).

> BTW - it will be interesting to actually find out detailed facts in the
> case of this TX reporter. I'm sure Jim will graciously forward a link.

If'n I run across any...;)


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