Friday, October 03, 2008

2008-10-03 eMail Production Delay Blamed on Contract Lawyers

Add these ingredients together and you may see why Judge Patel said "heads will roll":
1. Subpoena to company whose former general counsel is on trial for options backdating served two years before trial.
2 On the eve of trial, relevant emails (reportedly critical to defense argument) are produced.
3. Delay excuse: Blame for the delay was place on "contract attorneys.

Most states (and the ABA) require that an attorney maintain adequate supervision over others working for them --- and this requirement extends to "contract" lawyers.

Update: McAfee attorneys claimed the delay was "inadvertant," and defendant's counsel was "astonished." Judge Patel ordered McAfee's counsel to provide an explanation of how the discovery system worked. Judge Patel toned down a bit and stated "Ok, nobody's head rolled."

I don't think we've seen the last of these incidents.

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