The requirements of e-discovery can create ethical pitfalls for unwary counsel.
The 2006 e-discovery amendments to the Federal Rules of Civil Procedure are being interpreted to require that counsel (and parties) engage in bona fide cooperation when conducting e-discovery. A finding by a court that a party has failed, early on, to cooperate in good faith may result in findings of lack of candor and /or competency, both of which are ethically required of attorneys in all jurisdictions.
This in-depth telephone seminar/audio webcast explores lawyers' ethical obligations in e-discovery and outlines what steps you can take pending or during litigation to raise the level of competency, candor, and cooperation among the parties - and reduce the risk of sanctions and potential ethics violations. Topics include:
-- Counseling the client before litigation
-- Counseling the client during litigation
-- Managing vendors and outsourcers in the practice of law
-- Emerging judicial attitudes
-- The changing e-discovery production terrain
-- Purposeful sluggishness and a warning that “heads will roll”
-- What judges expect
-- How transparency and cooperation actually help you prevail
-- The myth of “client induced” ethical violations
-- Where do discovery obligations first attach?
-- Case authority: Zubulake; Qualcomm; Nursing Home Pension Fund
This interactive seminar gives you the opportunity to submit your questions in advance and/or during the program for discussion by the faculty.
Need ethics credits? This seminar qualifies for 1.0 to 1.2 ethics credit hours, depending on state requirements, in MCLE jurisdictions that accredit live telephone seminars and/or webcasts.
Virtually all ALI CLE programs receive credit in AK, AL, AZ, CA, CO, CT, DE, FL, HI, IA, IL, IN, KS, KY, ME, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, OR, PA, PR, SC, TN, TX, UT, VA, VI, VT, WA, WI, WV and WY. Upon request, ALI CLE will apply for credit in ID, LA, and RI.
For more information about CLE or CPE credit, email TeamMCLE@ali-cle.org or call 1-800-CLE-NEWS (253-6397).
The Table of Contents for this coursebook can be found below. For further information about the program, please use the links on the lefthand side under "Course Details".