Day on Torts
While investigating a potential case, you may find that a possible defendant has a piece of evidence you want. This is a letter requesting the potential defendant preserve the evidence and make it available for inspection. If the defendant refuses to let you view the evidence – or outright destroys it – you have a paper trail to ask for a spoiliation instruction.
Even if the evidence is in the hands of a third-party with no direct relationship to the case, such a letter may help you avoid any implication that your client passively (or actively) participated in destroying crucial evidence. Download file