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Ethics

The Way eDiscovery Should be Done…

Did You Know that Lawyers Have a Duty to be Technologically Competent?

Five years ago, in 2012, the American Bar Association approved some changes to the Model Rules of Professional Conduct, to make it clear that lawyers are required to be competent in the law and its practice as well as in the field of legal technology. What some viewed as long overdue, others viewed as a […]

Is Attorney Blogging a “Communication” Subject to the Rules of Professional Conduct?

The topic of legal blogging is outside the normal area that I cover in this eDiscovery blog, but I think it is important enough to bring to the attention of our reading audience.    After a number of years, no one really thinks about blogging anymore, it just is.  However, the State Bar of California recently […]

No, There is No Legal Requirement that You Read Every Document

Intro There are still many lawyers who believe that they are not doing their job if they don’t read every email, document, spreadsheet, video and all other ESI that gets produced during discovery.  In fact, the opposite is true.  Courts are pushing the idea that you need to use technology to help you get to […]

We Hold Judges to a Higher Ethical Standard…But they have Lapses in Judgment as Well

Again Social Media takes a front seat in this week’s blog posting, but for reasons not expected, at least not by me.  I have been updating you on the growing impact of Social Media in litigation and eDiscovery with a focus on the information that can be gathered from it and the abuses of social […]

Think that Social Media isn’t Relevant in Today’s Litigation? The Times They are a Changin..

A New York court has ruled that divorce papers can be served via Facebook. In Baidoo v. Blood-Dzraku (N.Y. Mar. 27, 2015) Manhattan Supreme Court Justice Matthew Cooper has ruled that Elanora Baidoo can serve her elusive husband with divorce papers via a Facebook message. Why this break from traditional legal service? Because no one […]

Know The Law, Know The Technology: Where Do Ethical Rules Fit?

It’s not news that we are living in a totally digitized world.  What is not clear is whether the ethical standards that currently exist are complete enough to guide attorneys through the current climate.   Lawyers have been bound by some fundamental ethical requirements since the beginning of the profession, but technology, and particularly the eDiscovery […]

Why We Have Rules of Law… and Why We Should Follow Them

Preface I would like to start off with what I hope is an obvious statement.  Lawsuits are supposed to be about the pursuit of truth through fact finding.  The Discovery process is supposed to be the exchange of these facts and lawyers are then tasked with interpreting those facts in a way most favorable to […]

After the Voir Dire is Over, The Need for Social Media Monitoring Begins

In a report issued by the Federal Judicial Center, Jurors’ Use of Social Media During Trials and Deliberations, (unfortunately the most recent survey is from 11/22/11) a survey was taken to assess the frequency with which jurors use social media to communicate during trials and deliberations, and to further identify strategies for curtailing the behavior.  The […]

Reducing Risk -Key Goal of Legal Professionals: Federal Rule 37(e) Provides Impetus

Determining the best methods for navigating the rising volume of information in litigation is becoming an increasing focus for corporations and law firms. The costs and logistics of managing data storage have increased dramatically which in turn is responsible for the increased legal consequences of the information. Many companies feel that there is no relief […]

Social Media Can’t Continue to be Ignored in Today’s Litigation Climate

Why is it that the legal community can’t seem to come to grips with the role that social media plays in today’s eDiscovery litigation?  It certainly is not because it isn’t prevalent.  A recent Pew Study showed that 73 percent of all US adults engage in social media of some type.  Yet lawyers continue to […]