Ethics and eDiscovery: Implementing Cost Effective Strategies to Avoid Being Sanctioned or Sued (RECORDED)
This program is a recording of the Live Seminar held on November 30, 2017.
If you attended the live program; You cannot claim CLE for watching this recorded program.
A lawyer’s duty of competency includes his/her knowledge technology, especially with respect to eDiscovery.
"…attorney competence related to litigation generally requires, among other things, and at a minimum, a basic understanding of, and facility with, issues relating to eDiscovery, including the discovery of electronically stored information (“ESI”)…" See ABA Model Rules of Conduct for eDiscovery –
Courts expect attorneys to actively supervise and understand the eDiscovery process from start to finish. Gone are the days where an attorney can rely on his client or even a vendor to collect or manage the process. See e.g. Ethics Opinion 362 of the Distr. of Columbia (finding that an attorney who engages a vendor to manage the eDiscovery process is not absolved from understanding and supervising the work involved, no matter how technical); Mill Lane Management, et al. v. Wells Fargo Advisors, LLC, et al. (stating a reliance on a vendor to explain the attorney’s release of 1.4 gig of unredacted information containing some of the bank’s most wealthy clients’ SSN, names, and account information).
This brief one hour program will highlight the 3 common areas (as identified in recent case law and ethics opinions) where attorneys fall short in their duties and provide practice tips and tools for avoiding sanctions and costly mistakes.
Stephanie Thompson, Starn O'Toole Marcus & Fisher
Stephanie Thompson is senior litigation counsel at the law firm of Starn O’Toole Marcus & Fisher. She focuses her practice in the areas of complex business litigation, collection issues, construction defects claims and eDiscovery practice.
Ms. Thompson graduated from the University of Hawai`i William S. Richardson School of Law, Univ. of Hawaii in 2005. In 2016 and 2017, Ms. Thompson developed and taught the first eDiscovery course at WSRSL. Ms. Thompson was a guest on Hawaii Public Radio's The Conversation, and Think Tech Hawaii’s Life in the Law program discussing eDiscovery issues related to using a "Bring Your Own Device" policies.
Ms. Thompson has been a “co-chair” of the HSABA’s Trial Academy since 2014 and a past president and board member of the HSBA’s Litigation Section.
Mark Seo; HON Discovery Group
Mark Seo is the founder of the HON Discovery Group, an eDiscovery and Trial Technologies firm that helps law firms, government and corporations effectively manage discovery.
With over 20 years in managing complex discovery, Mark’s experience includes: eDiscovery Manager at AM Law 100 law firms, product manager for several of the most popular eDiscovery Systems, as well as supporting over 30 Federal and State Court Trials (including trials in Federal and State Courts here in Hawaii).
Mr. Seo is a graduate of UC Berkeley and holds multiple eDiscovery and Computer Forensic Certifications. Mark is a frequent speaker on international eDiscovery issues, presenting at many of the premier technology conferences, including the International Legal Technology Conference, Sedona Conference, NY Legal Technology Conference, ABA Annual Conference (s), Hastings School of Law, Boalt Law School and here in Hawaii, the Hawaii State Bar, William S Richardson School of Law and the Hawaii Judicial Conference.
Located in downtown Honolulu, the HON Discovery Group is comprised of attorneys, engineers and eDiscovery Professionals bringing the “best of breed” technologies to the islands.
Duration: approximately 1 hour
Credit: This seminar qualifies for 1 CLE Ethics Credit.
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This seminar will be available in your classroom to view for 1 year from the date of purchase OR until November 30, 2019 which ever comes sooner.
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