Craig Ball, Texas trial lawyer, forensic expert and eDIscovery Special Master, is on fire over Alex Jones’ attorney’s inadvertent production of Alex Jones’ cell phone.
Covered by eDiscovery Today’s Doug Austin, “Craig’s two posts on back to back days* last week (Ripped from the Headlines: Alex Jones and Inadvertent Waiver here and More Questions re: Alex Jones Defamation Case here), he [Craig] discusses how Jones’ counsel inadvertently produced privileged mobile text messages and failed to seek their return in time to prevent waiver of privilege.”
Jones took the stand under cross-examination when plaintiffs’ lawyer Mark Bankston asked:
“Mr. Jones, did you know that 12 days ago, your attorneys messed up and sent me an entire digital copy of your entire cellphone with every text message you’ve sent for the past two years? And when informed, did not take any steps to identify it as privileged or protect it any way, and as of two days ago, it fell free and clear into my possession and that is how I know you lied to me when you said you didn’t have text messages about Sandy Hook. Did you know that?”
Mark Bankston
Craig’s posts review the Texas rules (Tex. R. Civ. P. Rule 193.3 and Tex. R. Evid. Rule 511) that are applicable to a Texas “snapback” otherwise known as a clawback, as well as the climate in Texas that is quite protective of privilege. In his analysis, Craig states about the text message used to impeach Alex Jones on the stand, “it remains a conundrum why defense counsel failed to object when they came up and were shown to the jury.”
Craig Ball will participate in an EDRM Ripped from the Headlines Flash Webinar on this subject Wednesday, August 10. The complimentary webinar will be fireside style with Mary Mack, and your questions and comments are welcome. Register for Take My Whole Cell Phone, Please [said nobody except Alex Jones] here.
Moving back to Doug Austin’s post, the asterisk refers to Craig posting two days in a row.
* – Daily blog posts by Craig Ball?!? Who does he think he is? 🙂
Doug Austin, eDiscovery Today
Craig Ball Part I
Craig Ball Part 2
Doug Austin, eDiscovery Today
