With new federal and state ethical standards for attorneys, I thought it would be helpful to boil it down to the top 10 list of competency requirements for counsel when dealing with eDiscovery:
- Able to understand and analyze potential eDiscovery issues in a case
- Able to understand a client’s ESI systems
- Able to conduct effective custodian interviews
- Able to implement defensible legal hold procedures
- Able to competently advise client on collection and preservation options
- Able to accurately identify custodians with potentially relevant ESI
- Able to advise on defensible collection procedures that will maintain data integrity and chain of custody
- Able to conduct a competent and meaningful “meet and confer”
- Able to understand search options including computer assisted review
- Able to advise client on processing, hosting, review and production options including costs
Since eDiscovery presents a series of challenges, engaging an experienced vendor like NightOwl Discovery with discovery experts on staff should be a top consideration in all cases.
For more information, I recommend reading California State Bar Formal Opinion 2015-193 and Northern District of California E-Discovery (ESI) Guidelines.