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

Production Date: October 21, 2016 Practice Areas: Ethics and Discovery & E-Discovery Estimated Length: 3715 minutes


$ 59 Ethics and Discovery & E-Discovery In Stock

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
Barbara B.
Cincinnati, OH

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

Garth G.
Manhattan, NY

Thorough and well done.

Christopher P.
Chicago, IL

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

Joseph V.
Ronkonkoma, NY

Very good course

Kristin D.
Mount Vernon, IA

Thank you

Joshua S.
New York, NY

good coverage of ediscovery and spoliation

Joseph C.
Auburn, NY

Well done

Linda R.
Roslyn Heights, NY

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.

Theodore M.
Charleston, SC

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

North Stonington, CT


Theodore L.
Waterbury, VT

A very good introduction to current e discovery and Sedona

Rita O.
Walnut, CA

I like the back and forth of two speakers

Gurudev A.
Honolulu, HI

Great primer on e-discovery ethical obligations

Lee H.
Arlinghton heights, IL

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!!!

Sheila B.
Phoenix, AZ

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.

Eugene M.
Eden Prairie, MN

Kristen is very knowledgeable and communicates well

Linda E.
Roswell, GA

Again, excellent interaction between the presenters.