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About this Book
Electronic Evidence: Law and Practice explores the range of problems encountered with electronic communications from discovery to trial, and offers practical solutions to both existing and potential problems. It examines (1) the new discovery rules and how they relate to past practices, and (2) fundamental evidentiary issues governing the admissibility of electronic evidence. Particular emphasis is given to the unique problems evolving around the way in which parties are asserting the attorney-client privilege and judges are applying it to e-mail communications.
Author Paul Rice offers a unique perspective on the attorney-client privilege issues of electronic evidence. He has 40 years of teaching experience, served as a special master for over 30 years, ruled on hundreds of thousands of privilege claims, and written the leading treatises on the subject of the attorney-client privilege for both state and federal courts.
Guides you through common initial problems in discovery and explains, with suggested forms, where materials can be found and how document requests should be worded.
Examines the increased responsibility to preserve and produce electronic evidence in its various forms.
Reviews the application of established rules of evidence to this relatively new type of evidence with case authority from both the state and federal courts.
Gives special guidance to corporations on how best to manage document circulation within the company to minimize costs and preserve the privilege protection, and lawyers on what is protected by the attorney-client privilege, how to assert the privilege for e-mail communications, and what must be filed in support of each claim.
Electronic Evidence: Law and Practice addresses and explains issues that are important to all lawyers who have clients; all clients with electronic communications who either seek legal assistance or are involved in litigation as a third party; and all judges asked to rule on discovery questions, privilege claims, and the admissibility of electronic evidence.