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
Practice Guide Download
About the Author
From the author
Sampling Techniques for Litigation and Investigations
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When the Bough Breaks: Spoliation in eDiscovery
Enormous volumes and diverse types of ESI may be relevant to a case, and this can make identification and preservation challenging. It is almost inevitable that some ESI will slip through the cracks. When that happens, FRCP 37(e) provides the framework for assessing the loss and its consequences.