Civil discovery is like Pandora’s Box: Open it up and all kinds of bad stuff might come out. The transcendence of electronic communication has exacerbated the situation considerably given the massive amounts of data that are routinely exchanged in litigation.
One particularly interesting tidbit that frequently emerges in discovery is evidence of wrongdoing by a party or a witness. For example, tax returns that do not match bank records; testimony that certain payments were necessary to secure a government contract; or e-mails reflecting immoral or illicit conduct. This type of information regularly emerges in discovery. The critical question is: What, if anything, can lawyers do with it?
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