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The Ethical Duty to Be Competent in Technology and eDiscovery
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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