The Ethics of e-Discovery: What "Competence" Means

(469 Ratings)

Produced on: October 21, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 61 minutes
Difficulty Intermediate

Electronically stored information (ESI) is everywhere. Not surprisingly, ESI is a common feature of civil litigation and disputes and misunderstandings arise on a daily basis about discovery of ESI. Model Rule of Professional Conduct 1.1 speaks of the competence of lawyers and, as amended in 2012, requires lawyers to be aware of the benefits and risks of technology.

What does it mean for an attorney to be competent in terms of ESI? What conversations should (s)he have with her or his client and opposing counsel in order to frame and respond to discovery requests? How should an attorney undertake a search for ESI or describe how (s)he wants it produced? What should an attorney do to protect against inadvertent production of privileged information or work product?This session explores these and other questions through in the context of e-discovery and Rule 1.1.

Learning Objectives: 

  1. Understand the implications of MRPC 1.1 in terms of ESI in litigation
  2. Appreciate the skills and knowledge that a competent attorney should have to use ESI in litigation
  3. Recognize means by which necessary skills and knowledge may be acquired
  4. Understand the possible consequences of a failure to be competent when dealing with ESI in litigation

Faculty

Ronald Hedges

Dentons

Ronald is a member of Dentos' Litigation and Dispute Resolution practice group. He has an extensive experience in e-discovery and in management of complex litigation and has served as a special master, arbitrator and mediator. He also consults on management and discovery of electronically stored information ("ESI"). 

Ron Hedges was a United States Magistrate Judge in the United States District Court for the District of New Jersey from 1986 to 2007. While a magistrate judge, he was the Compliance Judge for the Court Mediation Program, a member of the Lawyers Advisory Committee, and both a member of, and reporter for, the Civil Justice Reform Act Advisory Committee. From 2001 to 2005 he was a member of the Advisory Group of Magistrate Judges. 

Ron was an adjunct professor at Setton Hall University School, where he taught mediation skills. He was an adjunct professor at Georgetown University Law Center and remains an adjunct professor at Rutgers School of Law— Newark. He taught courses on electronic discovery and evidence at both these schools. Ron was a Fellow at the Center for Information Technology of Princeton University for 2010-11 and 2011-12. He is also a member of the College of the State Bar of Texas.

Kristen Weil

Dentons

Kristen Weil is a senior managing associate in the Dentons New York office and is part of the Litigation and International Arbitration practice groups. Kristen focuses her practice on domestic and international dispute resolution, including complex commercial litigation and arbitration matters. She has a wide variety of experience with matters involving business torts, contract disputes, regulatory investigations and proceedings, insurance, and intellectual property protection, in federal and state courts throughout the United States, and before arbitration tribunals such as the International Centre for Settlement of Investment Disputes (ICSID), the London Court of International Arbitration (LCIA), and the International Chamber of Commerce (ICC). 


Reviews

SS
Steve S.

Great course

RC
Richard C.

Excellent program. Thank you very much.

PV
Phillip V.

Great, concise overview. It was great to get refreshed on eDiscovery.

LP
Loren P.

Excellent review of proper ediscovery data management.

BB
Barbara B.

Great presenters! Really appreciated Mr. Hedges's experience.

GG
Garth G.

Thorough and well done.

CP
Christopher P.

Very practical presentation. I'm currently representing a municipality where there is tons of ESI.

JV
Joseph V.

Very good course

KD
Kristin D.

Thank you

JS
Joshua S.

good coverage of ediscovery and spoliation

JC
Joseph C.

Well done

LR
Linda R.

Conversational style teaching by two experienced attorneys. They covered a lot of important material in a pleasant, easy to listen to and learn manner.Thank you.

TM
Theodore M.

Excellent presentation and materials that all litigators need to know in today's world controlled by instant communication methods.

AP
ANTHONY JR P.

EXTREMELY COMPENTENT

TL
Theodore L.

A very good introduction to current e discovery and Sedona

RO
Rita O.

I like the back and forth of two speakers

GA
Gurudev A.

Great primer on e-discovery ethical obligations

LH
Lee H.

Excellent presentation, and it really opens one's eyes regarding the need for knowledge of ESI and the degree of sophistication required to comply with the Rules of Professional Conduct!!! Way over the head of some of us born in the '40's!!!

SB
Sheila B.

This is a very interesting series of presentations. All attorneys need to be trained in ESI rules, especially what needs to be preserved and how to ensure that you don't compromise your client's interests.

EM
Eugene M.

Kristen is very knowledgeable and communicates well

LE
Linda E.

Again, excellent interaction between the presenters.

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