Home
All Resources
Consilio Advanced Learning Institute

Practice Guide: ED101 – The Evolving Duty of Technology Competence

Written by admin

Updated: Sep 29, 2022

Authors

Matthew Verga, Esq.

Director of Education

About Author

Matthew Verga is an attorney, consultant, and eDiscovery expert proficient at leveraging his legal experience, his technical knowledge, and his communication skills to make complex eDiscovery topics accessible to diverse audiences. A fifteen-year industry veteran, Matthew has worked across every phase of the EDRM and at every level, from the project trenches to enterprise program design. As Director of Education for Consilio, he leverages this background to produce engaging educational content to empower practitioners at all levels with knowledge they can use to improve their projects, their careers, and their organizations.

More from the author

Summary

In discovery specifically, and in legal practice generally, the role of electronically-stored information (ESI) and new technology has grown exponentially over the past decade, as new sources have proliferated, new tools have become normalized, and new communication channels have supplanted the old. As a result, it has become a practical reality that effective legal practice and effective discovery requires some level of technology literacy and competence. Since 2012, that practical reality has been slowly transforming into a formal requirement as more than three quarters of state bars have incorporated some form of technology competence requirement into their professional conduct rules. In this free Practice Guide, Consilio Director of Education Matthew Verga, Esq., reviews the ABA Model Rule change, discusses state variations on that model, and uses California’s approach as a guide to the duty of technology competence for eDiscovery.

In this Practice Guide

  • ABA Model Rule Change
  • State Adoption and Variations
  • The California Approach

Key Insights

  • The Nine Core Competencies to Fulfill the Duty
  • The Critical Importance of Identification and Preservation
  • The Role of Relevant Experts in Fulfilling the Duty

Summary

In discovery specifically, and in legal practice generally, the role of electronically-stored information (ESI) and new technology has grown exponentially over the past decade, as new sources have proliferated, new tools have become normalized, and new communication channels have supplanted the old. As a result, it has become a practical reality that effective legal practice and effective discovery requires some level of technology literacy and competence. Since 2012, that practical reality has been slowly transforming into a formal requirement as more than three quarters of state bars have incorporated some form of technology competence requirement into their professional conduct rules. In this free Practice Guide, Consilio Director of Education Matthew Verga, Esq., reviews the ABA Model Rule change, discusses state variations on that model, and uses California’s approach as a guide to the duty of technology competence for eDiscovery.

In this Practice Guide

  • ABA Model Rule Change
  • State Adoption and Variations
  • The California Approach

Key Insights

  • The Nine Core Competencies to Fulfill the Duty
  • The Critical Importance of Identification and Preservation
  • The Role of Relevant Experts in Fulfilling the Duty

Fill out the form below to download the complete insight.

Montserrat
Morocco
Mozambique
Myanmar
Namibia
Nauru
Nepal
Netherlands
New Caledonia
New Zealand
Nicaragua
Niger
Nigeria
Niue
Norfolk Island
Northern Mariana Islands
Norway
Oman
Pakistan
Palau
Palestinian Territory, Occupied
Panama
Papua New Guinea
Paraguay
Peru
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Sign up for Consilio updates

Discover, learn and grow with the latest insights from Consilio
Thank you! Your submission has been received!
By clicking Subscribe you are confirming that you agree with our Privacy Policy
Oops! Something went wrong while submitting the form.