When discussing social media and e-discovery with clients, including lawyer clients, or during CLE programs, I invariably see a true dichotomy. There are many lawyers who recognize that they must adapt to and deal with social media and electronically stored information, as they have with so many other changes in the practice over time.
But others seem to think that “it’s the Internet” is a valid excuse that allows them to ignore it. But ignoring social media and e-discovery, or not at least having a working knowledge of them, also means that the lawyers are ignoring their ethical obligation to be competent about relevant technology. That’s not a good idea.
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