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Description: The requirements of e-discovery can create ethical pitfalls for unwary counsel.
The 2006 e-discovery amendments to the Federal Rules of Civil Procedure are being interpreted to require that counsel (and parties) engage in bona fide cooperation when conducting e-discovery. A finding by a court that a party has failed, early on, to cooperate in good faith may result in findings of lack of candor and /or competency, both of which are ethically required of attorneys in all jurisdictions.
This in-depth webcast explores lawyers' ethical obligations in e-discovery and outlines what steps you can take pending or during litigation to raise the level of competency, candor, and cooperation among the parties - and reduce the risk of sanctions and potential ethics violations. Topics include:
- Competency:
- Counseling the client before litigation
- Counseling the client during litigation
- Managing vendors and outsourcers in the practice of law
- Candor:
- Emerging judicial attitudes
- The changing e-discovery production terrain
- Purposeful sluggishness and a warning that heads will roll
- Cooperation:
- What judges expect
- How transparency and cooperation actually help you prevail
- The myth of client induced ethical violations
- Where do discovery obligations first attach?
- Case authority: Zubulake; Qualcomm; Nursing Home Pension Fund
 | | Practice Areas: | | Accounting & Business of Law, Civil Procedure, Discovery & E-Discovery, Ethics & Professional Responsibility, Professional Liability, Trial Skills | | | Online Media Type: | | Audio | | | Production Date: | | 04/29/2009 1:00 PM EDT | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 0 Minutes | | | Online Format: | | Live | | | Course Type: | | Public |
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Purchase of this product provides online access for 180 days. If you are purchasing a live webcast, you will receive complimentary access to the on demand version for 180 days once it becomes available. Please note that the on demand and podcast versions may, or may not be accredited in your state.
If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance. Credit totals for other formats are for complete programs. Partial credit is not available for any online or downloadable format.
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| | • | Steven W. Teppler - Senior Counsel, KamberEdelson LLC; New York, NY | | • | Hoyt L. Kesterson, II - Consultant; Glendale, AZ | | • | George L. Paul - Partner, Lewis & Roca; Phoenix, AZ |
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