Spencer Fane attorney Deena Duffy recently published an article featured in Law 360 discussing discovery claims that counsel should approach cautiously.
Titled “Evidence Ruling Highlights Spoliation Claim Concerns,” Deena’s article outlined the case Bragg v. Southwest Health System Inc., and explained the significance of the ruling.
In the article, Deena notes that spoliation of evidence claims have increased in recent years, but this type of motion may not be the best option for all clients.
“As attorneys our responsibility is to our client, that we zealously represent them in any way we can,” Deena explains. “However, it is equally important to remember that we have a duty of candor to the court. That duty of candor includes refraining from filing frivolous and unfounded motions, of any kind. In some cases, like this one, the risk of filing can be greater than the reward.”
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