You represent a company that is being sued by a former employee. You have received document requests, which include a demand for the former employee’s e-mails that are related to the lawsuit. These, of course, remain saved on your client’s computer servers and backup tapes.

As you are reviewing these e-mails to produce them, you come across one from the former employee, while still employed, to the lawyer now representing him in the lawsuit. The e-mail includes a damaging admission that proves your client is not liable to the former employee.

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