The State Bar of California has issued perhaps the country’s most straightforward and candid directive to litigators to learn the ins and outs of electronic discovery (e-discovery). In a proposed formal opinion, it states, “Not every litigated case ultimately involves e-discovery; however, in today’s technological world, almost every litigation matter potentially does.” It goes on to say that, as a matter of competency, the attorney handling e-discovery should be able to do the following nine things:
1. Assess e-discovery needs;
2. Implement appropriate preservation procedures;
3. Analyze and understand clients’ electronically stored information (ESI) systems and storage;
4. Identify custodians of relevant ESI;
5. Perform appropriate searches;
6. Collect responsive ESI in a manner that preserves its integrity;
7. Advise clients on available options for collection and preservation of ESI;
8. Engage in a “competent and meaningful” meet-and-confer to address e-discovery plan; and
9. Produce responsive ESI in an appropriate manner.
Originally published in Law.com on June 3, 2014.
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