Program Details

Ethics in E-Discovery

Content Partner:  ALI CLE
Price: $149.00*
This program is no longer available.

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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

Click here for information on subscription discounts and Group Viewing opportunities.

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. 


West LegalEdcenter will not provide accreditation for states not listed. 

This product is intended for individual use by the named purchaser. Group viewings for online programs may be arranged for five or more attorneys within the same organization prior to viewing by emailing

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Total Credits: 1
Specialty Credits: Ethics 1
Status: Reciprocal Credit Available
Expiration: N/A
Training Type: Online

West LegalEdcenter provides accreditation as described here. You may be able to self apply for credits in states not listed.

Check your state requirements and get contact information.
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
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

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