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Civil Litigation

Nov. 6, 2010

Avoid Civil Contempt: Mediate Rather Than Litigate e-Discovery Disputes

Why lawyers should check their litigious mantles at the "meet and confer" door and don cloaks of mediation in e-discovery matters.

A. Marco Turk

Emeritus Professor, CSU Dominguez Hills

Email: amarcoturk.commentary@gmail.com

A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.

There has been much advancement in the legal profession since I was admitted to practice law in 1961. However, one of the most recent astounding developments has been the realization that cleaning one's computer to destroy electronic evidence can actually lead to a stay behind bars at a lawyer's local jail.

In Victor Stanley, Inc. v. Creative Pipe Inc. (D. Md. Sept. 9, 2010), Chief U.S. Magistrate Judge Paul W. Grimm discussed the uncertain state of the law concerning what ...

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