Big Law Partner Is Censured for Not Owning Up to Spoliation

By Joan C. Rogers, Bloomberg BNA

A Big Law partner received a public censure in Colorado this month for not promptly coming clean about a client’s deletion of emails that were central to pending litigation.

Randall H. Miller, a partner in Bryan Cave’s Denver office, acknowledged that that he violated his ethical duty of candor to the court by not taking steps to correct the client’s nondisclosure of the loss.

The decision underscores the personal peril that litigators face for keeping quiet about spoliation. When relevant evidence gets destroyed, lawyers need to speak up right away and face the music ...