E-discovery and tech competence, then a chat with digital forensics mastermind Scott Green about data discovery in the digital age.
Ethics Opinion Misses The Mark On Tech Competence
Today’s Hot Take is from AboveTheLaw.com,“Ethics Opinion Misses The Mark On Tech Competence,” by Bob Ambrogi. He writes:
“Louisiana issued some ethics opinion on tech competency for their lawyers but it misses the mark – The opinion presumes that using technology in law practice is optional and that a lawyer must be competent in technology only if the lawyer chooses to use technology.”
Bob is right on the money that it misses the mark, and it’s confusing because lawyers are unsure where tech and practice and client needs and business practices intersect.
“The technology that affects the practice of law is not just the technology used by lawyers. It is also the technology used by clients. Whether the lawyer is conducting discovery, handling a divorce, drafting a licensing agreement, or representing a criminal defendant, the client’s use of technology is likely to be implicated. A lawyer who lacks competence in technology cannot competently represent that client.”
If your client – or the opposition is doing stupid/implicating type stuff online or has left an electronic trail and you don’t understand the tech then you are in a spot.
The Biggest factor in digital security is EDUCATION
Scott Greene is the Senior Technology Examiner at Evidence Solutions, a premier forensics company that provides consulting, industry expert witness, and testimony services. Scott has spoken across the country at legal seminars on a variety of topics including e-discovery, data security, and it’s those topics and his love of all things digital that has brought him to the show today.
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