Likelihood of Success

As a first-year associate in one of the world’s great law firms, I heard stories about smoking gun documents that were “disappeared” rather than turned over to adversaries as part of the discovery process. But we always learned, as well, that in the photocopy and electronic eras, you can never really be sure you got rid of every copy — so if you were at all inclined to engage in this sort of fraud on the court, you were playing with fire.

But the temptation, when big, big bucks are on the line, must be great. And some folks never never learn.