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Discovery Requests for Electronic Documents

By Stacy Edelstein Hyken
November 24, 2008

The definitive case of Zubulake v. UBS Warburg LLC, 229 F.R.D. 422 (S.D.N.Y. 2004), involving claims for gender discrimination and retaliation by a female employee, should be of concern to law firms and their clients regarding their duties to preserve evidence and in particular the duty of lawyers to supervise clients in producing discovery responses.

Since an employment discrimination or employment claim-related case will generally involve primarily internal company or firm documents, especially e-mails, the duty of firm attorneys where a firm is the defendant and the duty of counsel to supervise firm clients is especially heightened in the employment litigation context. However, while the Zubulake case arose in the employment context, the principles espoused therein have a broad application to any law firm or lawyer supervising clients in the litigation context.

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