Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Legal Tech: The Ethics of E-Discovery In a Remote Work Environment

By Joseph Tate and Emily Plowcha
April 01, 2021

The COVID-19 pandemic has ushered in a new normal — the remote work environment. As organizations transitioned their employees from the traditional office environment to working from home, the use and reliance on technologies both new and old has increased dramatically. Just as the pandemic has challenged every aspect of our lives, the shift to a remote work environment has significantly impacted e-discovery and the ethical obligations of attorneys in this ever-evolving technological and legal landscape.

Under Rule 1.1 of the ABA Model Rules of Professional Responsibility, "a lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation." Competency requires a lawyer to "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." Courts have specifically tied this competency standard to e-discovery. "Just as lawyers have a professional responsibility to keep abreast of changes or developments in the law, it is now clear in this "digital age" that attorneys should have basic competency in working with digital evidence and understand how ESI is created, stored and retrieved." See, United States v. Montague, No. 14-CR-6136-FPG-JWF, 2016 BL 527908 (W.D.N.Y. May 17, 2016) (citing Model Rule 1.1 Comment 8 in footnote); see also, City of Rockford v. Mallinckrodt ARD, 326 F.R.D. 489 (N.D. Ill. 2018); State v. Ratliff, 2014 ND 156, 849 N.W.2d 183 (July 17, 2014) (concurring opinion cites Rule 1.1 comment 8). As the use of new and varied technologies grows, the burden on lawyers to keep abreast of these developments in the context of e-discovery has also increased.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.

Coverage Issues Stemming from Dry Cleaner Contamination Suits Image

In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.