Thursday, April 29, 2010

Attorney Required to be Physically Present During Collection of Electronic Information From Client

The importance of identifying and producing electronic information continues to underscore attorney obligations to be actively engaged in client document production.

As reported in the Delaware Corporate and Commercial Litigation Blog, a Delaware Court of Chancery Vice Chancellor determined that the client's "unsatisfying" production demonstrated that its "self-collection" was insufficient, and ruled that the attorney should meet in person with the client to physically review the devices (including personal computers) where electronic information may be stored.