David Kluft

#LegalEthics Tidbit: If my client deleted all the relevant documents, can I just say there are no documents?

A newspaper got a hold of text messages indicating that the chair of a CT government agency had secretly authored an op-ed critical of a party in an administrative proceeding over which she was presiding. When the party moved for discovery of the chair’s other text messages about the op-ed, the agency’s general counsel ... (cont.)

https://lnkd.in/eAUEZqay
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Jun 15 at 12:13pmWeb
Show threadDavid Kluft20h ago
... submitted affidavits in opposition that simply averred that the chair had searched her phone there were no documents. The General Counsel failed to explain why there were no relevant documents and why the searches of the phone were “empty gestures,” which is that the chair had activated the auto-delete function on her iPhone sometime before the op-ed incident. The Court found that the General Counsel’s failure to disclose the auto-... (cont.)
Show threadDavid Kluft20h ago
... deletion was deceptive and a likely violation of Rule 3.4(1) (obstruction of party’s access to evidence); and 3.4(4) (failure to comply with the discovery request). The Court also criticized an Assistant Attorney General who represented the agency, because although he did not know about the auto-deletion and did not mislead the court, he should have conducted a more thorough ... (cont.)
Show threadDavid Kluft20h ago
... investigation as to why the chair could claim to have no text messages when a responsive text message had already been printed in the newspaper. The matter was referred to disciplinary authorities.