Whether you’re in private, government, or corporate practice, you’re likely to deal with ESI (Electronically Stored Information) for transactional, litigation and business purposes. And as new technologies develop and then become integrated into society and the practice of law, an attorney’s obligations under the ethical duty of competence continues to evolve. At a very minimum, attorney competence generally requires a basic understanding of, and facility with, issues relating to eDiscovery and the discovery of electronically stored information (ESI). The duty of competence may require a higher level of technical knowledge and ability depending on the e-discovery issues involved in a given matter and the nature of the ESI involved. Failing to adhere to ethical standards in eDiscovery can lead to fines, reduced verdicts and even suspension from the practice of law.
In our brave new electronic world, digital pitfalls are truly lurking everywhere and this program will assist you in understanding the do?s and don?ts of eDiscovery by covering a number of pertinent ethical rules and recent case law in the area. This CLE program will mainly explore your ethical obligations in these areas: competence, the attorney-client privilege, client confidentiality, knowing where to look for ESI and intentionally withholding ESI. Further issues discussed include Rules of Professional Conduct, the Business & Professions Code, the ABA Model Rules, the Stored Communications Act, the I “heart” Hot Moms case, electronic spoliation, intentionally deleting electronic evidence, removing Facebook photos & other social media evidence, innocent deletion, social media’s indefinite half life, emails & the attorney client privilege, the work product doctrine, the responsibilities of partners & supervisory lawyers, the responsibilities of a subordinate lawyer, responsibilities regarding nonlawyer assistance, withholding electronic documents & emails, Qualcomm Inc. v. Broadcom Corp. and the penalties for failing to live up to ethical standards when conducing eDiscovery.
Eric R. Deitz devotes much of his practice to the defense of attorneys and other professionals sued for malpractice. He also practices complex, estate and appellate litigation. Eric?s published opinions include In re Harris, 590 F.3d 730 (C.A.9, 2009) and Woolverton v. McCracken, 321 Ill.App.3d 440 (2001). Eric has tried multiple cases to verdict, including a statewide class action in California Superior Court. He also lectures on legal ethics, e-discovery, and document retention practices and policy. A member of the invitation-only Legal Ethics Committee of the San Diego County Bar Association, Eric currently serves on the committee’s executive board. Since 2013, Eric has been recognized by the Southern California edition of Super Lawyers’ in the area of Professional Liability Defense.