By Helen Geib, QDiscovery
The four root causes of eDiscovery misconduct are: 1) a general lack of technical sophistication; 2) over-zealous advocacy; 3) neglecting client communication and other professional duties in the case; and 4) legal incompetence. The most egregious offenses usually fall under causes two through four. Sadly the more typical eDiscovery failures that make up most misconduct stem from lawyers’ technological incompetence.
That was the starting point of the ethics and eDiscovery presentation at the Indianapolis Bar Association eDiscovery Day 2018. The all-day program also included a complementary presentation on sanctions law.
Competence is the fundamental ethical duty for lawyers. Both presentations cited the now famous 2015 California ethics opinion as an invaluable resource for understanding competence in the context of eDiscovery. The opinion was both controversial and influential in calling out ESI management as a core ethical responsibility for all litigators.
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