New Ethical Issues and Challenges in E-Discovery

New York Law Journal
11 minute read | October.03.2011

The rise of e-discovery and the globalization of electronic information has caused a drastic increase in the ethical issues and challenges attorneys face when compared to the paper world. Attorneys are facing emerging challenges both inside and outside their legal teams, regarding the supervision of vendors, contract attorneys, overseas labor, and in-house counsel; the need for cooperation and transparency with opposing counsel; and the discovery of electronic information stored outside the United States. Attorneys must use increasing care to avoid these ethical pitfalls.

Within the Legal Team

The vast increase in the amount of information involved in e-discovery has led to an increase in the number of players in the e-discovery process. As a result, attorneys need to be skilled not only in the practice of law, but the management of vendors, contract attorneys, legal support, and in-house counsel. A 2010 study showed that sanctions for e-discovery violations are increasingly common, and monetary sanctions are increasing. Dan H. Willoughby, Jr., Rose Hunter Jones, Gregory R. Antine, "Sanctions for E-Discovery Violations: By the Numbers," 60 Duke L.J. 789 (2010).

Originally published in the New York Law Journal. Reposted with permission.