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Malpractice Action Based on Spoliation Fails When Success Unlikely in Underlying Case
An action for legal malpractice based on spoliation of evidence cannot be maintained in Minnesota where the client cannot prove all four elements of the required four-prong test. Spaise v. Dodd, A03-1430, Court of Appeals of Minnesota, June 1, 2004.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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