Ignorance Dissed In Cal Bar’s E-Discovery Opinion

Attorneys unfamiliar with how to handle electronic discovery are at risk of breaching their ethical duty of competence, said the California State Bar’s Standing Committee on Professional Responsibility and Conduct. “Attorney competence related to litigation generally requires, among other things, and at a minimum, a basic understanding of, and facility with, issues relating to e-discovery, including the discovery of electronically stored information,” COPRAC warned in a recent advisory opinion. A lawyer lacking in tech savvy has three options, COPRAC said: “(1) Acquire sufficient learning and skill before performance is required; (2) associate with or consult technical consultants or competent counsel; or (3) decline the court representation.”