In Formal Opinion 2015-193 the State Bar of California Standing Committee on Professional Responsibility and Conduct (“California Ethics Committee” or “Committee”) discussed three of the duties applicable to attorneys involved in e-discovery: the duty of competency, the duty to supervise, and the duty of confidentiality. The Committee advised that the duty of competency required attorneys […]
Inadvertent Production of Privileged Information in Discovery in Federal Court: The Need for Well-Drafted Clawback Agreements, 64 S.C. L. REV. 581 (2013), http://www.nathancrystal.com/pdf/ClawbackAgreements.pdf
From the Introduction: “This revised edition of The Sedona Principles seeks to synthesize the current and best thinking from the case law and the amended Federal Rules to provide practical standards for modern discovery.” Related Document: The Sedona Principles: 2005 Edition, Best Practices Recommendations & Principles for Addressing Electronic Document Production The full text can […]
The Conference of Chief Justices established a working group in 2004 to: “develop a reference document to assist state courts in considering issues related to electronic discovery…These Guidelines are intended to help reduce…uncertainty in state court litigation by assisting judge faced by a dispute over e-discovery in identify the issues and determining the decision-making factors […]
From the Preface: “This paper has three major sections. The first introduces the basic concepts of electronic discovery and outlines the themes that will animate any approach to electronic document production. Some have suggested that our current laws and rules are sufficient to meet the needs of electronic issues; this section outlines why those laws […]