You have three ethical options when it comes to eDiscovery competence – you either learn it, hire a technical consultant or decline the case.
There has been a big ethical component to eDiscovery since the electronic information era took over discovery. The ABA, and various states, including California and New York, flat out state that lawyers have a duty of competence of modern technology in order to practice law. eDiscovery competence includes abilities to assess e-discovery needs and issues; to implement appropriate ESI preservation procedures; and to advise the client on available options for collection and preservation of ESI; among others. This video reviews eDiscovery competence, preservation/spoliation and proportionality rules, pre-eCollection checklists.
Runtime: 32 minutes
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