The Evolving Duty of Technology Competence, eDiscovery Competence Series Part 1
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, Director, Education and Content Marketing, Xact Data Discovery
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, as new tools have become normalized, and as 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, and since 2012, that practical reality has been slowly transforming into a formal requirement, which may come as “a very scary wake-up call for some lawyers.”
