The Ethical Obligations in Electronic Discovery
In this podcast, we examine generally why Ralph Losey believes there are more issues with spoliation and sanctions in electronic discovery than in any other area of law. We discuss why these trends seem to be occuring generally before moving into the ethical rules which guide attorneys. We discuss six ethical rules and how each impact electronic discovery. Rule 1.1 Competence, Rule 1.3 Diligence, Rule 1.6 Confidentiality, Rule 3.2 Expediting Litigation, Rule 3.3 Candor to the Tribunal and Rule 3.4 Fairness to Opposing Party and Counsel. Then at the end, we provide some tips on how attorneys can attack the ethical issues and remain compliant and improve their ability to work with ESI.
Read MoreWhat To Do If A Judge Lets You Down In An E-Discovery Case
This topic is often discussed at E-Discovery conferences but seldom presented. Listen to this brave panel of attorneys and nationally known educator of judges on electronic discovery principles, Ken Withers, as they tackle this topic. Some general war stories these attorneys have heard from their colleagues over the years will be shared. The goal of this podcast is to offer constructive advice for judges and lawyers on what can go wrong from the defense perspective when a judge comes down too hard on them.
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