Over the past decade, the volume of data involved in legal proceedings has rapidly surged. With the advent of new technologies and their pervasiveness in daily life, the amount of information now captured and stored electronically presents significant challenges for lawyers in data management and processing. Since eDiscovery often accounts for a substantial part of litigation expenses, attorneys must approach it efficiently and cost-effectively. To do so, it is crucial for attorneys to possess a comprehensive understanding of data storage, retrieval, and associated costs. This knowledge will enhance attorneys’ proficiency in communicating with technical experts and presenting information to their clients and the court. Equally, attorneys must be aware of the ethical obligations that frame eDiscovery. Given the relative novelty of eDiscovery and the continuously evolving technology it examines, attorneys have a responsibility to educate themselves on new and potential technical developments affecting the process. To that end, they must also uphold candor with the court and ensure the accuracy and completeness of the information presented. This course provides attorneys the opportunity to better understand how eDiscovery works, streamline how they engage with technical professionals, and potentially provide clients with better counsel.
In this seminar, our panel of experts will initially focus on explaining the concept of eDiscovery, and its significance, supplying a few examples of its applications, and its importance. Next, they will then shed light on common ethical issues, violations, and mistakes attorneys make while in the courtroom regarding eDiscovery. Furthermore, they will discuss the ethical responsibilities of handling electronically stored information (ESI). Finally, our speakers will delve into best practices, relevant case law, and the sanctions imposed by the court for ethical shortcomings in eDiscovery.
Topics covered in this webinar:
- Introduction to eDiscovery
- eDiscovery Challenges in the Courtroom
- Ethical Issues for ESI and eDiscovery
- Key Practices to adopt for eDiscovery Ethics
- Ethics and eDiscovery Case Law
- Daniel B. Garrie, Esq., Founder, Law and Forensics; Neutral, JAMS; Faculty, Harvard
- Maura R. Grossman, Research Professor at the University of Waterloo and Principal at Maura Grossman Law
- Michael Sherman, Partner, Stubbs Alderton & Markiles, LLP
- Hon Randa Trapp (Ret), Arbitrator, Mediator, Special Master/Referee, JAMS