Wednesday, October 15, 2025

Tales from the Courtroom: Taking One for the Team

I was looking back at my journal and read that it was six years ago today that I was thrown under the bus for a technical issue in a case I was working.  The issue had to do with electronic data our side had not turned over to the other party.  Without getting too deep into the technical stuff, when we process data, we will do something called deduplication which - in this case - we removed any EXACT duplicates from the data we had processed to turn over to the opposing party.  This process is supposed to aid lawyers in reviewing data, so they don't have to review anything that is an exact duplicate.  

Unfortunately, neither my attorneys or the opposing attorneys understood this, and it made it as if we hadn't turned over all of the data.  This misinformation caused the opposing party to request a continuance and six years ago today we had to appear in court to explain it; however, my attorneys threw me under the bus and laid the blame on their "IT person" for not turning over the data.  The judge scolded the lead attorney and me.

I still get mad about this all over again when I think about it.  Could I have handled it better and headed off this issue?  Yes.  I should have made a better effort in ensuring that my attorneys understand what deduplication meant.  They didn't and I took the hit for it.

So, as a result of this court incident, we turned over the EXACT copies of data they already had.  It was just yet another delay tactic by the opposing party and in the end, the defendant was still convicted. 

So, to make the issue clear: 

Deduplication in litigation refers to the process of identifying and removing duplicate documents during the legal discovery and review stages. This is crucial in both civil and criminal law to prevent wasted resources and conflicting outcomes. Legal systems must develop mechanisms to prevent the same issue from being litigated multiple times across different courts or jurisdictions.

In layman's terms, it means if you have exact copies of the same document.  Do you really want to review all the copies when you only need to review one?