http://ow.ly/5XJjs
An article posted on Gibbons' website, on the E-Discovery Law Alert blog, written by Mara E. Zazali-Hogan.
This interesting article discusses a wrongful death case in Virginia, where the plaintiff was awarded damages for a tragic automobile accident in which his wife was killed. The plaintiff posted some pictures to his facebook page subsquent to his wife's death, which would likely have been harmful to his damages claim. The plaintiff's attorney advised him to delete the facebook posts, and the attorney later denied advising his client to do so. The plaintiff attempted to remove his entire facebook account.
The defendant's attorneys were able to obtain some of the images, and also found a smoking gun (or as the article calls it "Stink Bomb") email that proved the plaintiff's attorney had misrepresnted his own actions. There is an upcoming hearing scheduled for September in which the defense counsel is trying to have the 10.6 million dollar verdict set aside, or limited. The plaintiff's counsel is no longer practicing law.
This case should serve as a clear example that attorneys on both sides of a case need to play by the rules, or else severe consquences are likely. The digital trail that is left behind when it comes to electronic evidence is not easily erased, and once photos are on the internet, and emails have been sent out, it is certainly unwise to attempt to hide them from opposing counsel.
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