Laptop 3d and files (done in 3d)
In e-discovery, human and machine glitches, malfunctions and errors are inevitable. However, not efficiently dealing with problems as they arise could lead to a tarnished reputation, loss of business for vendors, and in some instances even ethical violations and sanctions, according to a panel on e-discovery ethics held last Friday at Proskauer Rose’s 11 Times Square office in New York.
The panel, “Ethical Forks in the Yellow Brick Road: Lions, Tigers, Bears and the Search for E-Discovery Wizards,” was part of the ABA’s “8th Annual National Institute on E-Discovery” and moderated by John Barkett, partner at Shook, Hardy & Bacon. “We’ve all had [e-discovery] cases that have gone south on us,” said panelist Cecil A. Lynn, director of e-discovery and technology at eBay Inc.
During the presentation panelists put various ABA rules under a microscope to see how they apply to e-discovery, including rules 1.1 (competence), 1.6 (confidentiality) and 5.1 and 5.3 (supervising lawyers and non-lawyers, respectively).