Superior Court Ruling: Spoliation of Evidence

McKenzie & Associates was retained by a housing management company in its lawsuit against a construction law firm for negligently representing the management company and engaging in fraudulent billing practices. The construction law firm asserted counterclaims against the management company, seeking over $200,000 in alleged unpaid legal fees. McKenzie & Associates successfully established that the defendant law firm and its principal spoliated evidence when it failed to retain the electronic information associated with its client billing system. Spoliation of evidence is the negligent destruction, withholding, or altering of evidence. The Suffolk Superior Court entered a default judgment in favor of the management company and dismissed the defendant’s counterclaim for unpaid legal bills.