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I have business litigation going on. I have provided -

I have business litigation...

I have business litigation going on. I have provided - openly - all relevant documents in the past. Now, the plaintiff is going to depose me about my business practices regarding retention of records, my efforts to find all relevant documents in the past, etc. I am completely forthcoming on all documents and not afraid of the facts. My question is this: what should I worry about? I know the lawyers are just going to try to trip me up in the deposition.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

California

Lawyer's Assistant: What steps have you taken so far?

I copied all computer files and submitted them.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The plaintiffs have received records from a broker that I worked with. The broker's records went further back than mine did and one important e-mail (helping me) was found in the broker's records. I believe this discovery is causing the plaintiff to try harder to discredit me.

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Answered in 20 minutes by:
3/17/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,230
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Every business needs to have some type of business record retention policy and you need to be prepared to discuss it. You also need to be prepared to discuss why certain records are missing, because the attorney is looking to prove you intentionally destroyed them upon learning of the suit and that would be called spoliation of evidence and would allow them to say that the records would prove their case and the judge could not only accept what they claim the documents would prove but can sanction you with punitive damages.

So, you need to prepare to explain where all the records went or why some may not exist.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,230
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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Customer reply replied 1 month ago
I haven't destroyed anything. There are a few files that I didn't submit because they aren't relevant, but I can do so now. There is nothing in the files that would help the plaintiff's case and I don't care if they see the, and even if something could help the plaintiff, I am a very honest person and would be willing for them to have it. If I submit everything now, is there any legal danger for me? Could they claim, "see, you withheld files after all!" Again, I destroyed nothing, I am willing to give them everything, but would giving them more now just open up allegations against me?
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