Tagged: competence

“Any attorney who manages the discovery process must have the requisite skills and expertise to provide meaningful oversight. Competence is also implicit in the certification and “reasonable inquiry” requirement of Rule 26(g) of the Federal Rules of Civil Procedure. One cannot competently supervise or certify activities one does not understand and does not take the time to learn, and all litigators should frankly assess their capability to handle the technical aspects of discovery.”

The article discusses the new guidelines the State Bar of California has made with regards to e-discovery:

The State Bar of California has taken things further, issuing guidance pertaining specifically to electronic discovery. In Formal Opinion 2015-193, the California State Bar’s Committee on Professional Responsibility and Conduct declared that an attorney’s obligations evolve as new technologies become integrated into the practice of law. As such, “[a]ttorneys handling e-Discovery should be able to perform (either by themselves or in association with competent co-counsel or expert consultants) the following:

• initially assess e-discovery needs and issues, if any;

• implement/cause to implement appropriate ESI [electronically stored information] preservation procedures;

• analyze and understand a client’s ESI systems and storage;

• identify custodians of potentially relevant ESI;

• engage in [beneficial ‘meet and confer’ discussions] with opposing counsel concerning an e-discovery plan;

• perform data searches;

• collect responsive ESI in a manner that preserves the integrity of that ESI; and

• produce responsive non-privileged ESI in a recognized and appropriate manner.”

Source: Brian D. Martin and David L. Stanton. “How The Ethics Rules Influence The Role of Discovery Counsel.” Corporate Counsel. November 17, 2015. http://www.corpcounsel.com/id=1202742706795/How-the-Ethics-Rules-Influence-the-Role-of-Discovery-Counsel.

“Competence is an ethical requirement in every legal representation. As ABA Model Rule 1.1 states, competence entails ‘legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.’ As in other areas of practice, competence must be developed or obtained in the field of discovery.”

Source: Brian D. Martin and David L. Stanton. “How The Ethics Rules Influence The Role of Discovery Counsel.” Corporate Counsel. November 17, 2015. http://www.corpcounsel.com/id=1202742706795/How-the-Ethics-Rules-Influence-the-Role-of-Discovery-Counsel.