Last edited Thu Nov 16, 2017, 01:32 AM - Edit history (1)
Please also note that per Alabama law there is a Third Party Tort for Spoliation. Thus, even if your client is notheld to have defamed or otherwise worked civil damages upon our clients, your client may remain responsible in a Court of law for damages caused by the failure to preserve evidence. This is often times refered to as "Adverse Interference".
third-party tort for spoilation (no caps, hyphenate the phrase used as an adjective)
third-party means someone other than the two parties to the letter. If the tort is a
third-party tort, the
third party may remain responsible, not the party to whom you are writing
court, as a noun referring to a generic court, is not capitalized
The source you likely retrieved this from, after you did a a quick Google search, expressly says that the remedy for spoliation by a party is NOT damages, but . . . wait for it . . . an adverse inference (not an adverse in
terference)
It is not
referred to as "Adverse Interference" - an adverse inference is the
penalty imposed for spoliation.
Finally, periods belong inside the quotation. You obviously weren't on law review, and appear to have gotten your law degree from Google-University and, perhaps, your high school diploma as a prize in a box of Cracker Jacks.
I wish I was teaching legal drafting this semeseter. I'd love to use this as a contest to see who could find the most mistakes, who could guess what the author really meant, who could rewrite it most coherently, etc.
BTW . . . apologies for any of my own typos. My computer has poltergeists. The poltergeist visiting tonight delays the appearance of whatever I’ve typed for about a line and a half. I hope I’ve caught them all – but I expect not. And – I would never send anything typed with this particular poltergeist to my client, let alone to opposing counsel.
= new reply since forum marked as read
