Great post.
It sounds like the penalties are severe if you are detected making omissions during discovery - but how would that actually be detected?
It sounds like the penalties are severe if you are detected making omissions during discovery - but how would that actually be detected?
At the most basic level, the system is built on trusting lawyers to act dutifully as officers of the court. Corporate law firms care very much about their brand for trustworthiness, because at the end of the day their business depends on that brand. Nobody wants to be like Arthur Andersen, which went from a $9 billion company to nothing because people stopped trusting their brand (for the actions of a relatively small group of partners).
Are you really saying there's no independent auditing? That the entire system relies on Best Buy's lawyers incriminating their co-workers and the employer who puts bread on their table? That seems exceptionally trusting in lawyers' professional ethics.
Does the discovery at least have to be done by an different law firm to the corporation's day-to-day legal work?
Remember also that plaintiff's counsel also thoroughly interviews witnesses under oath. Cross-checking witness accounts can highlight inconsistency in the documentary record. It also adds a second group of people who don't want to hide information under threat of punishment.