RSSCategory: Legal Ethics

eDSG Poll: 91% Have Witnessed Unprofessional or Unethical Behavior in eDiscovery

| August 19, 2012

In eDiscovery Solutions Group’s most recent survey of the eDiscovery market it found that 91% of those surveyed have witnessed unethical or unprofessional behavior in eDiscovery. Surprisingly, only 9% indicated that they had not witnessed this kind of behavior.     The survey revealed that 36% had seen improper behavior from service providers and 36% had seen this […]

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The Legal Profession Found the Twenty-First Century: Ignorance is bliss no longer

| August 12, 2012

As a profession, lawyers and bar associations are notoriously slow to change.  Last week, the American Bar Association considered and adopted updates to the Model Rules of Professional Conduct that govern lawyers.    The legal profession has found its way into the Twenty-First Century and clients will benefit. The American Bar Association’s Commission on Ethics 20/20 […]

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Do Litigators Need to Understand Predictive Coding Theory?

| May 10, 2012

With the debate over Predictive Coding entering a feverish pitch, there is an interesting thread of discussion beginning to emerge asking whether or not litigators and other users need to understand what I am going to refer to as Predictive Coding Theory. In a May 4, 2012 Blog  titled, “3 Drawbacks To Predictive Coding“, Sandra E. Serkes, […]

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Lawyer Certification on Predictive Coding

| April 4, 2012

The eDiscovery Solutions Group Weekly Poll that ran from March 26, 2012 to April 2, 2012 asked whether or not lawyers should be able to explain the general technical and statistical mathematics supporting Predictive Coding to be able to utilize Predictive Coding during the eDiscovery and document coding process. 25% of the respondents to this poll indicated that […]

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New York Appellate Court: Disintegration of Business Relationship Requires Preservation of ESI

| March 8, 2012

Recently in VOOM v. EchoStar, 2012 NY Slip Op. 00658 (Jan. 31, 2012) the Supreme Court, Appellate Division of New York entered upheld a lower court’s decision imposing sanctions against EchoStar for spoliation of ESI. The most striking portion of this decision is the requirement that when a business relationship disintegrates and a party terminates […]

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eDiscovery and the Lawyer’s Duty of Competence

| December 28, 2011

The level of eDiscovery knowledge and experience among attorneys is widely varied. Some understand the issues in-depth, others have a passing knowledge of the basics, and other do not have even a beginner’s comprehension of the issues. Those who fail to acquire a working understanding eDiscovery issues are doing a great disservice to their clients; […]

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