Competence in Ediscovery

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Archery icon bcccindy casitoIn his latest blog post, ediscovery expert Craig Ball seeks input on a curriculum that would provide litigators with basic ediscovery competence.

In my comments to Craig’s post, I explain my view that most litigators don’t have the interest in information technology that, in my experience, is necessary (in addition to education) to allow them to attain basic ediscovery competence. In my view, litigators who aren’t interested in information technology should retain knowledgeable co-counsel who are. See Comment to Rule 1.1 of the Model Rules of Professional Conduct.

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Deduplication Protocol

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Please take a look at Craig Ball’s informative blog post on deduplication and my comment. Craig explains why deduplication isn’t more widely used even though it makes ediscovery faster and cheaper, and he describes the main methods of deduplication. I add my view that reasonable counsel should agree on a bilateral deduplication method before any deduplication is done, and I include a few considerations about how counsel should use proportionality to determine what method is appropriate under the circumstances.

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