Formal Opinion No. 2015-193 of the Standing Committee On Professional Responsibility and Conduct of the California State Bar (“Committee Opinion”) opines that an attorney may violate ethical duties of competence by failing to understand and perform e-discovery skills. The Committee Opinion set out a list of nine e-discovery tasks that “attorneys handling e-discovery should be able to perform (either by themselves or in association with competent counsel or expert consultants).”
The nine skills from the Committee Opinion are:
1. Initially assess e-discovery needs and issues, if any;
2. Implement/cause to implement appropriate ESI preservation procedures;
3. Analyze and understand a client’s ESI systems and storage;
4. Advise the client on available options for collection and preservation of ESI;
5. Identify custodians of potentially relevant ESI;
6. Engage in competent and meaningful meet and confer with opposing counsel concerning an e-discovery plan;
7. Perform data searches;
8. Collect responsive ESI in a manner that preserves the integrity of the ESI; and
9. Produce responsive non-privileged ESI in a recognized and appropriate manner.
Performing many of these skills competently requires understanding mobile device discovery
Mobile devices have become globally ubiquitous, both for personal and professional use. Increasingly, organizations need to consider their mobile device and application use when executing internal investigations and responding to Discovery requests.
This webinar will address the following questions counsel should ask when considering mobile devices in discovery::
• What types of devices are within scope?
• What data sources from those devices are within scope?
• Where are the data located?
• How can the data be collected and what are some challenges?
• Issues that arise in cross-border matters?
• Are corporate policies and or systems in place?
• After collection, how is the mobile device data handled for eDiscovery review and production?