Reddit Legal Advice

Thanks to Dashlane for putting prostitution on the air. If this person destroys and destroys that evidence, it is said to destroy the evidence, that is, the destruction of the evidence, and as you can guess, that it is, in fact, illegal. So the goal of LegalAugle is to help explain the laws that surround us. I try my best to explain legal issues properly, as well as to keep things fun. But there are places on the Internet where you will find, let us say, dubious legal advice. And one of those places is the legal advice subdivision of reddit.com. You can know Reddit as the place where you can post about anything.

This is where people are more vigilant about whether they can post something, rather than what they should do. Have i lurked on reddit? I can neither confirm, nor refute that claim. Do I sometimes post as AnonymousLawyer6969? I will not comment on that. But let's dig into one of my favorite crazy posts from last month. A little background about myself, I have been a trial lawyer and experienced player for over 11 years. I spent 10 years as a senior associate at two of the country's most prestigious Vault 100 firms. I have represented 100 clients ranging from billions of dollars of companies to individual artists. I started in California, New York, Maryland, Virginia, and D.C. And has passed the bar in five states, including Yes, I D.C.

I am considering a state.

I am considering a state. It is only a matter of time. I think this may be a continuous video series on this channel, so if you like it, please give it a thumbs up and give me your Twitter handle @LegalEagleDJ, 'cause I'm a DJ, and really awesome legal advice. Send another example of. You know, it's legal. Okay, so let's dig for the legal advice post, "I was just directed by my boss to delete the metadata of the files" being submitted because of a sub-reason. "User Paralegalit, which is a great username, posts," I. Being submitted due to a subpoena "to delete metadata of files" as directed by my boss.

"It's largely illegal, okay?" good guess? "We are an insurance company and these files" contain a lot of private customer data. "This includes payment history" and payment information is given below. "They want me to delete the metadata," while entirely possible, something like "I said my boss was impossible." They told me their BS and asked me to do it or get it out. "I Only IT man, so if I don't do that, "it won't be done." I'm thinking about going out the door right now "and never coming back." I also think about completing one Have been. "My personal PC Reset Win 10 on. "What law, if any, would it violate?" "To whom do I report it?" If illegal, I will report it. "I hate this company, I love my boss.

Hate, "And I hate my coworkers."

Hate, "And I hate my coworkers." I lose no sleep when they are completely destroyed ". Judge somewhere." It's a company of five people, "there is no human resources or legal department , What to do? Now, before That I should dig it, I need to tell you clearly, that this is not legal advice, I am not your lawyer, I am neither giving legal advice, nor looking after you, nor for this particular user. I'm just your friendly neighborhood legal eagle, your friend who says everything you do is always illegal. Sorry for being rude, but stop doing illegal things. So there are some things going on here. It seems that the owner here is trying to accomplish one of many things.

One, he may try to make it harder for the other party to review the documents by removing metadata, or number two, he may hide evidence of wrongdoing, so not only will it be harder to review the documents, but he Might get rid of important evidence. It depends on the nature of the suit, which we do not know here. But let's talk about how search works and how this person found himself in this situation. In a civil search, a party sends a document request. They are permitted under Federal Rules of Civil Procedure, Rule 34. These requests have to specify exactly what you are looking for, I mean that is true for every single word used in the request, because if there is any ambiguity, it is running later due to problems.

The other party may object,

The other party may object, and if they continue to object and refuse to comply, you may have to go to court and obtain an order to force the other party to comply with your document request, Which is yet another reason why requests should be written correctly, because if you have not written them correctly, the other party does not comply It may not. Now it is just a lawsuit between two parties. Like the plaintiff and the defendant. But if you are trying to get a document from a third party, then you must issue what the subname is. Now, a subpoena is basically the same as a Rule 34 document request, it's just that the extra strings are connected because you're trying to get the document from someone who has nothing to do with the lawsuit, so This is going to be a little more difficult. But generally, you can also force the court to compel them.

Now, as I said, it is really important for a document request to be very specific, because the lawyer on the other side is going to examine your request. And if there is a way out of the request for that document, they will find it. So often, your request will contain specific language that contains electronically stored information such as metadata, or you will simply have an agreement with the other party to deal with ESI. Back in the day, document requests simply meant requesting real, physical documents. But now, it is almost always things like electronic documents, email and databases. And as a result, federal courts and many different states have enacted rules to deal with electronically stored information such as metadata.

If you are not familiar with metadata,

If you are not familiar with metadata, it is described as data about data. If you think of an email that you receive, that email will have a subject line. It will be for, from BCC. It will contain the body of the email and the text of that email will be searchable. All of them will be considered electronically stored information and most of these will be considered metadata. Now imagine if you took a picture of your email, and then you sent that picture to someone else. Well, you won't be able to sort that email by line or subject or subject line. And the computer cannot find the text of that picture because it is just a block of information. So, metadata can be incredibly important. It can tell you when things were sent. When things were received.

It can tell you what's inside the document. So this can not only be important for a particular lawsuit, but it can make a lawsuit so much less expensive in terms of finding things, because if you just have a bunch of emails, you can sort them , You can find them, you can do all that very easily. You will often see on TV, that the other party will try to bury the other party in documents, and they will send the truck more than just physical paperwork. And sometimes it happens. The courts are sensible for it now, and if you try and pull that crap, you just go to court and you say, "Look, it's ridiculous that they're trying to give us paperwork" When it was easy for them to "turn on a hard drive full of information," and we're not going to go through the expense of scanning all of this information ", and then finding it. "So, what you see on TV has a grain of truth in it, but if you are a good litigator, then you should be able to avoid such situations.

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Now the circumstances

Now the circumstances which are determined by ParaillegalIT, it is clear. Not how much data has been eliminated. But if the employer feels that it will be overwhelming to answer, then the correct way to deal with it is to remove the documents and information Don't give up. The right way to deal with it is called a motion. Yash, which is basically, just a motion, you go to court and you say, "It's ridiculous that we have to comply with this. "We are not parties to this proceeding," so why should we go through the costs of responding to these ridiculous document requests? "But, the way I read this post is that it seems that the documents have been identified and are liable for subpoenas and it is not an excessive burden to react to them.

So that means Is that if this person goes through that evidence and destroys it, it is said to break the evidence, that is, destroy the evidence. And, as you can guess, that is actually illegal. If a The dog finds that this company has destroyed evidence, so there are probably three different types of sanctions that the company will issue against, and possibly, this person. First is the issue / presumption restriction. Second is the monetary restriction. , And the third is litigation-ending sanctions. Destruction of metadata is easily eliminated by the trial court based on the presumption. The employer may have had something to hide. And as the employer has effectively concealed whatever, the court will be forced to assume that whatever the other party alleged was true. The issue may be sanctioned, meaning that in this particular event a jury, or court, would be instructed that whatever the issue was, it was determined in favor of the other party. Effectively, it would be like an admission required by a court by the other party.

This would, of course, negate any benefits that the employer thought it could obtain by destroying the data. What happens when you are involved in such shinigans, the court orders you to file a motion for sanctions, or pay the other party's costs and fees to try and recreate the destroyed data. Gives? They are called monetary restrictions. And if your conduct is bad enough, you can get what is called a litigation-ending ban, where the court just says, "You" are engaged in such nefarious work, that we end this lawsuit You are going to try and find out against him. "Criminal sanctions are possible, but they are very unlikely. We have given evidence in some high-profile cases like the Waymo vs. Uber litigation Is seen vandalizing, where they deal with a trade secret dispute over an employee who has left from one employer to another. And in that case, the plaintiff types up the outcome of the case by destroying Uber's text messages Betting that because Uber destroyed these relevant text messages, the court had to intervene negatively against Uber, and therefore, basically other arguments Sh should have won the case.

you can only get sanctions against the other party

Now generally, you can only get sanctions against the other party when they are engaged in willful destruction or sometimes, grossly negligent destruction of evidence. That's why a lawyer Will send a letter of litigation to inform the other party that they have to preserve the documents, lest they be liable for infringement of evidence. So, what is this professional to do in these circumstances? Well, to find out, let's review our first comment. (Rock music) So, the note's first comment comes from chivil61 that says, "First, are you being asked to" permanently delete the metadata, or simply delete it from copies "in response to the subpoena Will arise? " This is an excellent observation, and we'll get to it in just a second. The divergence of the evidence "is likely to permanently remove metadata", and a not-so-great one. "Perfect." However, if you are just "extracting metadata from files before production, this may be fine," depending on the format. In which "files have been sunk." So, what this person is pointing out, going back to what I said at the beginning of this video, that should be incredibly accurate in terms of what you're asking. And often, you will have a separate agreement about what to do with ESI, such as metadata.

What this person is pointing out is that, perhaps this IT professional has misunderstood what the boss is asking for, and is very common in litigation if you agreed to turn over electronic documents without metadata. , You will exclude it before choosing it. It is on the other side. And assuming that there is some agreement for that affected, it is perfectly fine, it is absolutely kosher. However, in almost any situation that I can think of, if you are instructed to permanently delete your computer's metadata, or the company's computer, such as it can never be recovered, So this is definitely a spread of evidence. Therefore, it would probably be a good idea to get that kind of explanation before exiting completely.

I will definitely get this in writing

Now users write naturopaths, "I will definitely get this in writing," ie. 'Just to confirm, are you requesting that I delete all metadata from these subfiled files, or just "some fields, and if only some fields, which ones?' "Then print and save the response somewhere," and if possible, find someone in the applicable court to "send a copy." Now I'm a little nervous about sending it to court, but getting things in writing Always a good idea. Not only is it a good idea to get it in writing specifically from the boss, to make it clear that this person will permanently delete the metadata Is asking for, but he can also copy corporate consulting and make sure the lawyer is aware of the possible illegal spread of evidence. It can do a few things.

Number one, about lawyers The point is that we don't like illegal things going on under our noses. So if it is brought to the attention of the lawyer, and this is what it says it is number one, then it is clearly Will do what he is being asked to do, and at number two, he can champion anyone and intervene to try. And stop the illegal destruction of evidence. And maybe even a third reason. Is that it would be very important for this person to receive this instruction in writing. Most states have laws that protect employees who refuse to do illegal work, and are then fired by their employer. And it is better to do a paper trail than to do the right thing. Now if I have learned anything from Reddit, it is that Redditor is just one step away from changing the passwords of all companies and posting it to r / ProRevenge. These company documents and data cannot be protected by a boss who wants to destroy evidence to their employees, but you can help secure your own data and passwords with Dashlane.

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You enter your password once on each device,

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And if you like it, you can get 10% of Dashlane Premium by using the promo code LegalEagle at checkout. Clicking on a link or using promo code really helps this channel. So, do you agree with my analysis? Leave your objections in the comments, and see the reactions of my other real lawyers here, where I will see you in court.

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Reddit Legal Advice