November 11, 2020 Practice Points

Client Self-Collection of ESI Is Risky Business

Tips on advising clients how to avoid the risks of self-collection

By Robert W. Wilkins

A recent case, Equal Employment Opportunity Commission  v. M1 5100 Corp., d/b/a Jumbo Supermarket, Inc., Case No. 19-cv-81320 (S.D. Fla. July 2, 2020), highlights the risks both to clients and attorneys when a client collects its own documents in discovery.  This article reviews such risk and offers a broader look at tips to avoid that risk and the risk of potential discovery on discovery.

Robert W. Wilkins, is a shareholder in Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, Florida

Note: This item was previously published in the Palm Beach County Bar Association Bar Bulletin.


Copyright © 2020, American Bar Association. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. The views expressed in this article are those of the author(s) and do not necessarily reflect the positions or policies of the American Bar Association, the Section of Litigation, this committee, or the employer(s) of the author(s).