Extract from Michael Quartararo’s article “Law Schools Could Solve the Lawyer Technology Competence Problem (If They Wanted To)”
Recently, I replied to a LinkedIn post by recalling the first time I heard the word “metadata” in a presidential press briefing. I wrote that, “It made my head spin at the time – more than 10 years ago.” I was engaging with a post relating the story of how Alex Jones’ legal team “accidently” turned over in discovery text messages that undermined any chance of winning a favorable damages verdict in his defamation trial.
Of course, social media entered frenzy mode and much of the mainstream media also went bonkers about this obvious discovery mistake. On some level, it’s gratifying when a complete idiot is revealed for the liar and fraud that he is.
But there’s also a teachable moment here: Lawyers still don’t get technology. And I do not understand why. Or do I?
Those of us who work or worked in e-discovery, the majority of whom did not go to law school, have taken the time to understand the rules and procedures relating to discovery. How is it that some lawyers — actual practicing lawyers — do not understand the most common technologies used in the practice of law? I’m not buying the “there’s math involved” excuse. The entire world is driven by technology today. There’s just no longer any acceptable excuse.
