September 6, 2013 / Published Work

Spoliation of Evidence: Third Edition

Attorneys Margaret Koesel and Tracey Turnbull recently published the third edition of their book, Spoliation of Evidence, through the American Bar Association (ABA).

Spoliation of Evidence webpage

From the publisher:
The latest edition helps resolve problems involved with the destruction of evidence. Developing case law has shown that spoliation may subject parties to additional litigation expense, potential tort liability and sanctions that may be outcome determinative. Additionally, negative publicity and the impact on the professional and personal reputation of counsel and parties are other considerations. Whether you represent parties to litigation, or are counseling clients who want to avoid litigation, at some point you will face issues involving the destruction of evidence.

The book serves as a guide for the litigation practitioner faced with the loss of evidence in a civil suit in a state or federal court.

Among other key topics, the book covers:
-Record keeping obligations
-The duty to preserve evidence
-Independent causes of action for the destruction of evidence
-Available sanctions and other remedies for spoliation
-Criminal sanctions for spoliation
-Developing spoliation law in state civil and federal courts

Checklists of practical tips can be found at the end of each substantive chapter. Additionally, an annotated bibliography of treatises, law review articles and practical publications on spoliation and a table of cases and index are included.