BVR's Online Symposium on Litigation and Economic Damages: Part 8 Spoliation and Document Management Processes: How to Avoid Exclusion From Document Loss
Date: Tuesday, March 6, 2012
Time: 10:00am-11:40am PT / 1:00pm-2:40pm ET Format: A BVR Webinar
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"The destruction or significant alteration of evidence, or the failure to preserve property for another's use as evidence in pending or reasonably foreseeable litigation," commonly known as spoliation, is prohibited under the Federal Rules of Evidence as a means of protecting judicial processes and integrity. Yet within the rules governing evidence, discovery, and spoliation many questions arise regarding the obligations of expert witnesses and the scope of those responsibilities.
In "Spoliation and Document Management Processes: How to Avoid Exclusion From Document Loss," part 8 of BVR's Online Symposium on Litigation and Economic Damages expert appraiser Laura Pfeiffenberger joins attorney and Symposium co-curator Jonathan M. Dunitz for an examination of the rules governing an expert's work process and document management, and what every expert should know in order to comply with rules regarding spoliation and discovery.
Agenda
Introduction & Overview
Parameters of the legal duty to preserve evidence
Experts and spoliation
Interplay with Federal Rules
Attorney-Expert privilege
Draft Reports
Draft reports by individual expert
Communications/draft reports exchanged between expert and counsel
Draft reports exchanged between and among experts
Electronically Stored Information
Summary
Learning Objectives
Learn what is expected of expert witnesses and their work processes in evidence and testimony guidelines
Understand how mismanagement of work documents can seriously jeopardize testimony and professional standing
learn how to best prepare yourself for these requirements and which work habits are most important
Learn to define spoliation and understand its effect on evidence and testimony
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