Starting Discovery Right, eDiscovery Competence Series Part 2 by Matthew Verga
Wednesday, November 21, 2018
Posted by: ACEDS Marketing Team
Starting Discovery Right, eDiscovery Competence Series Part 2
In two thirds of states, attorneys bear a duty of competence that extends to technology, including competence with eDiscovery technology, ESI sources, and more
By Matthew Verga, JD, Xact Data Discovery
In the first Part of this series, we reviewed the change to the ABA Model Rules of Professional Conduct that formalized a duty of technology competence and the adoption of that change (and variations on it) by two thirds of states. In this Part, we begin our review of California’s enumerated requirements specifically for eDiscovery competence.
As we noted in the last Part, California promulgated Formal Opinion No. 2015-193 in 2015, which established a duty of technology competence for eDiscovery and identified nine specific requirements for fulfilling that duty, which have been widely discussed as a useful model for all attorneys.
Read the full article here