On Demand Audio

The Ethics of e-Discovery: What "Competence" Means (Update)

(182 reviews)

Produced on May 16, 2019

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$ 59 Ethics and Science & Technology Law In Stock
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Course Information

Time 60 minutes
Difficulty Intermediate

Course Description

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 they have with their 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 they want it produced? What should an attorney do to protect against inadvertent production of privileged information or work product? This program will explore these and other questions through in the context of e-discovery and Rule 1.1.


Learning Objectives:

  1. Discuss 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. Assess the possible consequences of a failure to be competent when dealing with ESI in litigation

Credit Information

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Faculty

Ronald Hedges

Dentons

Ronald is a member of Dentons' 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 Seton 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.



Reviews

AL
Ann L.

Learned a lot in a subject I knew nothing sbout

LP
Loren P.

Ron Hedges introduces great resources that provide depth to his presentation of competence in e-discovery matters.

MB
Mark B.

Well done.

CD
Catherine D.

Enjoyable presentation making complexities of ethical ediscovery easier to navigate.

RS
Randy S.

Good presentation.

AH
Alexander H.

Great presentation

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