Lawyers must meet not just the letter of ethics rules, but the spirit of the concepts, especially when grappling with e-discovery.
That was one takeaway from the "Duty of Competency and E-Discovery," a free webinar hosted by e-discovery vendor iConect June 21, in which Joshua Gilliland, author of Bow Tie Law's Blog and founder of legal iPad app developer Majority Opinion, discussed ethics and electronic data discovery with Magistrate Judge John M. Facciola of the United States District Court for the District of Columbia.
The webinar drew upon competency as defined in Rule 1.1 of the ABA Model Rules of Professional Conduct: "A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation."
According to Facciola, competency now requires "a fundamental understanding of the way information is produced." This entails: 1) some understanding of the information systems you and your client are relying upon; 2) knowing your own limitations; and 3) if you don't understand, have someone at your side, i.e. an expert, who does, he declared.
For more on the webinar, look to LTN online.
Image by LTN