How law firms are coping in the era of e-discovery
The Daily Record, January 27, 2008
William A. McComas, attorney at Shapiro Sher Guinot & Sandler and a member of Surety’s Advisory Board, is featured in this article talking about some of the technology solutions litigators are using (and advising clients on) to tackle challenges associated with e-discovery.
“…McComas warns that [technology] expenditure might be necessary to avoid the possibility of sanctions against the firm or a spoliation ruling if a piece of evidence is lost while in its custody.
Criminal defense attorneys, he noted, don’t go to a murder scene and hold evidence until trial.
“Not only do you need to have the front-end preservation of it, but also the chain of custody,” McComas said. “If it’s done in-house, you’re exposing your firm to some liability. More often than not, you hire an expert like Kroll who comes in with EnCase or FTK and preserves the evidence.”