Avi Kumin was recently interviewed by Law360 for the article, “2nd Circ. Case Has Lessons for Attys About Digital Evidence.”
The Second Circuit recently heard arguments pertaining to sanctions levied against a sexual harassment plaintiff and their attorney for seemingly fabricated digital evidence. As a result of the bogus evidence, the attorney and his client were hit with a nearly $160,000 penalty. Experts say that the case is a cautionary tale for attorneys, but some worry that penalizing a lawyer when there’s no proof they actively participated in or were aware of the fabrication may discourage attorneys from advocating for their clients.
“The sanction could have a chilling effect on attorneys going forward,” Mr. Kumin said. “Are attorneys expected to jump ship at the first sign of fabrication, even if there’s some decent evidence going the other way?”
The full article is available here.