E-Discovery in Trust and Estate Litigation

Our guests for this episode are Scott Frasier and Matt Owens, authors of an article to be published in the Trusts and Estates Quarterly called “Let’s Get Digital! ESI in Trust and Estate Litigation.” We discuss the ethical duties of attorneys in regard to E-discovery, preservation letters to clients and opposing counsel aimed at avoiding spoliation of evidence issues, and common sources of electronically stored information, or (ESI). We learn what “native format” and “meta data” are, and when you might request it. Finally, we talk about how to sift through mountains of ESI to find the relevant information and address privacy concerns.

Their article is a must-read for all trust and estate litigators, as well as planners and those who represent trustees. Today’s episode will be eye-opening to those who have not dealt extensively with ESI issues.

About Our Guests:
Scott Fraser is an attorney at Crist Biorn Shepherd Roskoph located in Palo Alto, California.  Scott is a frequent contributor to CEB, having acted as the update author for  chapters in Drafting Revocable Trusts, California Will Drafting, and California Estate Planning, and has been recognized by Super Lawyers in the category of estate planning and administration.  

Matt Owners is a partner at Withers in the law firm’s San Diego office and handles matters all across California. Matt is a certified specialist in estate planning, trust, and probate law, is a TEXCOM member, and has been recognized by Super Lawyers, Best Lawyers, and Private Client Global Elite in the category of trust and estate litigation. https://www.withersworldwide.com/en-gb/people/matthew-r-owens

About Our Host:
Host Herb Stroh is a partner at McCormick Barstow LLP, and practices out of the San Luis Obispo office. Herb is a Certified Specialist in Estate Planning, Trust, and Probate by the State Bar of California Board of Legal Specialization. He is past chair of the Trusts and Estates Section of the California Lawyers Association and represents the Section on the CLA Board of Representatives. He is also Treasurer of CLA for the 2020-2021 year.  Herb has extensive experience in all aspects of trust, probate, conservatorship, and guardianship conflict resolution.  He also has experience in all aspects of estate planning and administration of trusts, probate estates, special needs trusts, and conservatorships. Mr. Stroh has also served as a mediator in a variety of trust and estate disputes both in Los Angeles and San Luis Obispo counties.