Discharging Ethical Duties Regarding E-Discovery, Part II

, The Legal Intelligencer


It has been more than 18 months since the American Bar Association amended its comment to Rule 1.1, pertaining to competence, to require that lawyers "keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology." In my last column, we discussed how to learn about e-discovery, some general rules involving it and how to build a map of the data universe from which you will have to produce responsive documents and withhold privileged ones. In this month's column, we will discuss the ethics of preservation and collection, searching and review.

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