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The Ethical Duty to Be Competent in Technology and e-Discovery
Lawyers understand that they have an ethical duty to remain competent in the law and its practice. But far fewer are aware that an emerging body of legal-ethics rules and opinions say that lawyers also have a duty to be competent in relevant technology. And e-discovery, an area of law practice many lawyers still consider a niche, is quickly becoming more relevant to every type of litigation.
A proposed California ethics opinion goes so far as to say that any lawyer who has responsibility for litigation must either be competent in e-discovery or associate with someone who is.
“Not every litigated case involves e-discovery,” the California opinion says. “Yet, in today's technological world, almost every litigation matter potentially does. The chances are significant that a party or a witness has used email or other electronic communications, stores information digitally, and/or has other forms of ESI related to the dispute.”
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