No litigation matter today can escape the dreaded “e” of discovery – virtually every piece of information is electronic today because of our dependance on computers and smartphones. Regardless of the size of your firm or the focus of your practice, every lawyer needs to know how to appropriately handle the collection, preservation, review, and production of electronically stored information (ESI). It’s important to competently discuss the responsibilities your client has regarding the information they create and store. You also need to have confidence when discussing the review and production of ESI with opposing counsel, and to the court. We’ll cover these topics (and more) in this session covering the ethics of e-discovery.
The duty of technology competence required for e-discovery
The differences involved with discovery of paper information vs. electronic information
How to properly review email and text messages
How to discuss the “form or forms” of production with opposing counsel