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Rules of Professional Conduct

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 […]

Defensible eDiscovery Should be Planned and Executed with Clear Defensible Strategies Before You Begin the Process

In September of 2016, the Sedona Conference released Commentary on Defense of Process: Principles and Guidelines for Developing and Implementing a Sound E-Discovery Process, for public comment.  The purpose of the commentary, defensible ediscovery,  is to set forth general guidance to help parties and the courts deal with the growing complexity of eDiscovery.  The goal […]

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 […]

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 […]

Attorney Diligence and What it Means

US District Judge Anthony Trenga, will be conducting a hearing in the near future in Virginia over whether counsel for a client who spoliated data repeatedly should be held responsible for their client’s misdeeds.  One of the key questions that will be explored is the duty of attorneys to lay down the law for those […]

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 […]