It’s not news that we are living in a totally digitized world. What is not clear is whether the ethical standards that currently exist are complete enough to guide attorneys through the current climate. Lawyers have been bound by some fundamental ethical requirements since the beginning of the profession, but technology, and particularly the eDiscovery process, has resulted in the creation of an uncoordinated series of Federal and State rules, with additional ABA Model Rules of Professional Conduct and even individual State Ethics rules along with current opinions from a variety of Courts. It is difficult for lawyers to keep current given this wide disparity. How should lawyers be prepared to respond to best represent their clients and follow the ethical requirements of their profession? Is the root of the problem the technology or the law?
Document production challenges for litigators has increased dramatically as increasing amounts of information are stored exclusively in digital media, in various formats and locations. The rules that govern the information superhighway are constantly in flux, resulting in a lag in the passage of FRCP and Model Rules of Professional Conduct that dictate what lawyers are responsible for. How should lawyers be prepared to respond to best represent their clients and follow the ethical requirements of their profession?
Digital information is no longer an occasional player in the discovery process; it has become the controlling factor in what has become known as eDiscovery. The number one problem is the preservation, control and proper distribution of the digital evidence. At the root of all of this are the ethical obligations that lawyers must adhere to as they conduct business on behalf of their clients.
By Guest Blogger: Cavo eD
