In both federal and state courts in the United States, there are significant civil procedure, professional responsibility, and substantive laws addressing presuit lawyer duties on creating, preserving, producing, and protecting information relevant to later civil litigation. These laws speak to lawyer conduct both in personally handling information and in overseeing the information acts of others. To date, the challenges these laws pose to lawyers have not been well examined, or even largely perceived. And, to date, lawyers have been left unaccountable for their personal violations of these duties.
Jeffrey A. Parness,
Presuit Lawyer Information Duties Relevant to Civil Litigation,
105 Marq. L. Rev. 921
Available at: https://scholarship.law.marquette.edu/mulr/vol105/iss4/5