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.
Robert D. Brownstone, Esq.
Fenwick & West LLP
- Technology and e-discovery counsel, and Electronic-Information-Management (EIM) group chair at Fenwick & West LLP, a 300+ attorney, Silicon Valley based, national law firm where he has been a lawyer and technologist for 20 years
- Advises clients and colleagues on retention/destruction policies/ protocols, information security, data privacy, all sorts of electronic information management, electronic discovery, eWorkplace policies and social media rewards and risks
- Nationwide conference chair, panel moderator, speaker and writer on many law and technology issues, including on the www.ITLawToday.com blog
- Has taught electronic discovery law and process nationwide a dozen times at four law schools
- Periodically quoted in the mainstream and legal press as a source on electronic information issues
- Educational Advisory Board member of: National Employment Law Institute (NELI), ALM Legal Tech, ASU/Arkfeld and Rutgers U. Big Data
- J.D. degree, magna cum laude, Brooklyn Law School; B.A. degree, Swarthmore College
- Can be contacted at [email protected]
- Full bio and extensive bibliography at https://www.fenwick.com/professionals/Pages/bobbrownstone_insights.aspx
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