The Role of ‘Gamesmanship’ in E-Discovery

Extract from Ben Sexton’s article  “The Role of ‘Gamesmanship’ in E-Discovery”

As officers of the court, attorneys have a sworn duty to act in good faith and uphold the ethical standards of the law. In most cases, an attorney’s obligations to their client, including the protection of confidential information and zealous advocacy, work harmoniously with their higher obligations to the court. In recent years, however, e-discovery has provided a ripe new playing field for dubious tactics that threaten to destabilize the balance.

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