Finishing Discovery Right, eDiscovery Competence Series Part 3
In two thirds of states, attorneys bear a duty of competence that extends to technology, including competence with eDiscovery technology, ESI sources, and more
By Matthew Verga, J.D.
In the first Part of this series, we reviewed the change to the ABA Model Rules of Professional Conduct that formalized a duty of technology competence and the adoption of that change (and variations on it) by two thirds of states. In the second Part, we reviewed the first five of California’s enumerated requirements specifically for eDiscovery competence. In this final Part, we discuss the remaining four.
We have been reviewing the nine specific requirements for fulfilling a lawyer’s duty of technology competence for eDiscovery that were set forth in California’s Formal Opinion No. 2015-193.
