It is a basic tenet of professional responsibility that lawyers obtain sufficient proficiency to ensure competent representation of their clients. The challenge in today’s world of Big Data and corporate globalization and outsourcing of IT infrastructure is that the level of technological proficiency required is not always clear. Understanding your obligations and establishing defensible processes will be necessary to fully demonstrate competence in discovery should an issue arise.
Ethical and Procedural Framework
Federal Rule of Civil Procedure 34 requires a party to “produce documents as they are kept in the usual course of business or to organize and label them to correspond to the categories in the request.” In practice, this requires counsel to establish and supervise the process through which all responsive nonprivileged documents are produced on a timely basis. Easy enough, right?
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