'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."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250