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Effective E-Mail Discovery

01 April 2007

The Litigator
As we all know, e-mail is often the key source of evidence in litigation. E-mail is probably the most common form of written communication in the workplace and at home. More importantly, an e-mail may form a contract, contain statements concerning important facts, knowledge or intent and, in some instances, be actionable in and of itself (e.g., defamation, phishing). In addition, although they are creating a writing that can be easily forwarded and potentially lasts forever, people are remarkably unguarded in their use of e-mail as compared to other written communication. Thus, e-mail is usually the most revealing (and often the only) contemporaneous record of a party's thoughts and intentions as events or transactions unfold.
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