Articles Tagged with evidence

By Michael F. Pezzulli and Charles J. FortunatoSpoliation of Evidence

2016 American Bar Association Annual Meeting, Tort & Insurance Section

Spoliation of evidence seems to be on the rise. But the emergence of case law on the subject has made it easier to identify and address the problem.

pen and paper
By Michael Pezzulli and Charles J. Fortunado

How to admit or exclude evidence in Texas litigation when not disclosed to the client in a timely manner: Advanced Evidence and Discovery Course presented to The State Bar of Texas.

An uncritical reading of the various opinions dealing with the use of discovery in litigation as “a sword and a shield” might conclude that it cannot be done. Notwithstanding the substantial body of case law to the contrary, discovery and claims of privilege can be used as both a sword and a shield. Indeed, it is often in the client’s best interest to use or attempt to use discovery and claims of privilege as both a sword and a shield.

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