The term "electronically stored information" was introduced to the Federal Rules of Civil Procedure in the 2006 amendments. The Committee Comments to Rule 34 state:
ABA Model Rule 3.4 Fairness to Opposing Party and Counsel
A lawyer shall not:
(a) unlawfully obstruct another party' s access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act;***
Florida Rules of Professional Conduct Rule 4-3.4 Fairness to Opposing Party and CounselA lawyer must not: (a) unlawfully obstruct another party's access to evidence or otherwise unlawfully alter, destroy, or conceal a document or other material that the lawyer knows or reasonably should know is relevant to a pending or a reasonably foreseeable proceeding; nor counsel or assist another person to do any such act; ***
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