Kristen B. Weil and Ronald J. Hedges ()
Keeping current on rapidly changing and expanding technologies can be a daunting task even for the most tech-savvy and experienced attorney. However, attorneys have an ethical obligation to familiarize themselves and be competent with technology and electronic discovery. While most attorneys now recognize that discovery encompasses electronically stored information (ESI) like emails, new technologies require attorneys to expand their knowledge of ESI. Attorneys must now think beyond emails and consider other types of ESI such as encrypted data, social media, and cloud-based storage. The best way to maintain competence in e-discovery is to know the right questions to ask of your client, your e-discovery vendor, and your opponent.
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