Litigation Support Tip of the Night

June 18, 2019

EDRM has published its own Model Code of Conduct, available here.   It establishes five principles for the electronic discovery process, and describes the duties of service providers and their clients with respect to each principle.

1. Professionalism - work should be both accurate and cost effective. 

2 Engagement - reasonably foreseeable parameters for a project should be agreed to.

3. Conflicts of Interest - a service provider should be proactive in identifying conflicts of interest. 

4. Sound Process - a sound process should be implemented and audited to preserve legal defensibility.

5. Security and Confidentiality - a service provider should maintain the security of ESI and communications about a project. 

May 9, 2016

Rule 1.1 of the Model Rules of Professional Conduct addresses an attorney's duty of competency.   It reads in full that, "A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation."  The question for us is how much knowledge and skill in legal technology is required.  


Comment 8 to Rule 1.1 states that, "To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject."


20 different states have adopted this comment to Rule 1.1, including New York. 

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Sean O'Shea has more than 15 years of experience in the litigation support field with major law firms in New York and San Francisco.   He is an ACEDS Certified eDiscovery Specialist and a Relativity Certified Administrator.

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