'Too Practical'? Why Some Law Schools Don't Offer E-Discovery Education
E-discovery-specific courses are slow to appear in law schools' course catalogs, but some argue e-discovery is becoming too common and too case-altering for schools to ignore.
August 20, 2019 at 11:00 AM
3 minute read
Recent law school graduates are entering a profession that is quickly adapting to the digital world around it. However, most U.S. law schools aren't providing e-discovery courses to prepare new lawyers for the potential work of examining and preserving electronic data.
"I think part of the reason is they may not see the importance of e-discovery or see it as very—almost ironically—too practical," said Drexel University Thomas R. Kline School of Law Dean Daniel Filler.
While some law schools may view e-discovery as a practical skill they can learn later on the job, Filler's law school takes a different approach by offering its students a standalone e-discovery course.
"I think a big part of 21st century legal practice is making sure that lawyers are sophisticated enough with technology that they remain in control [and make] sure they really protect their clients," Filler said. "There is a risk with this move toward technology that they will not understand it well enough and refer to nonlawyers."
But not all law schools see the need for dedicated e-discovery education. While Concord Law School associate dean of faculty and professor Shaun Jamison said his law school doesn't offer an e-discovery course, he noted that e-discovery is intertwined into other classes. "Having the [e-discovery] basics would be enough to understand what the issues are," he said.
Until e-discovery becomes more common across legal practices, Jamison doesn't see more law schools implementing e-discovery-specific courses.
To be sure, to meet their e-discovery needs, law firms have turned to technologists or offered on-site e-discovery training for their own staff.
But Filler said having an e-discovery background out of law school can be a competitive asset for those applying to, or working, in midsize and smaller firms. "[Midsize and boutique firms] really look to the junior lawyers and they want the junior lawyers to bring a wide array of skills."
Andrea D'Ambra, who teaches an e-discovery course at Temple University's Beasley School of Law and William & Mary Law School while leading Norton Rose Fulbright's U.S. e-discovery and information governance practice, argued that basic e-discovery knowledge is essential for litigators as electronic information grows in volume and complexity.
"We are really dealing with text messages, social media pages, emails and Slack and all these methods of communication that are really prevalent in the business world and are not necessarily easy to preserve and collect to [show] to opposing parties."
While D'Ambra noted that name-dropping an e-discovery course won't get a law student an immediate job, she said it will likely get them noticed on the job.
"I think it's undervalued when you are in the interview process but I will say I have countless students that have written to me after they get into their law firm and they say they were immediately useful to the partners."
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