Every litigator knows that email messages cause discovery headaches. And as a trial lawyer friend of mine once wrote, “They are the cockroaches of litigation—
impossible to eradicate and outliving all other forms of evidence.” But email messages also provide a realtime written history of a business dispute— an as-it-happened record of the events making up the controversy. An event or communication that would never have been documented in a memorandum to the file or a letter is now memorialized in 30 seconds by an email message.
View the PDF version of Email Messages at Trial, which was originally published by the Dallas Bar Association.