Although technology has reduced costs in many areas of legal practice (eg research), the centrality of information stored electronically complex civil litigation costs has sent clouds discovery. Hence the rapid proliferation of e-discovery providers as barriers for many shark in Biglaw. Nobody seems to know how the size of the market for e-discovery is - estimates range from 1.2 to 2.8 million - but all agree that is not going anywhere. We will never return to sort the boxes to store documents proverbial. The new amendments to the FRCP specifically eDiscovery has become the way back into force in December 2006, but if the vendors e-discovery (evangelists?) At LegalTech Just this week are to be believed, we only Children of the technology in terms of its development and its impact on the legal profession.

At LegalTech, attended an "improvement" presented by the data provider eDiscovery Planet, pledging to make "legal perspectives, industry and legal technology media is having a legal problem and how it affects you. "Do not be jealous ....

The format of the display contains one industry analyst, the editor

National Law Journal

, and a lawyer e-discovery, was a kind of argument moot court presided over by Michael Baylson, U.S. District Judge for the Eastern District of Pennsylvania. The hypothetical discovery of a dispute between a "full insurance" and "many" companies who claim they were not informed of commissions to insurance agents. Promotional materials In this round table, has been described as a "hypothetical exciting." the true reality. (As Miss Jean Brodie said: ". For those who like that sort of thing is the sort of thing they like")

Anyway, this discovery difference simulation, imitation defendants have produced hundreds of documents through a "rigorous examination using the technology." Imaginary applicants, on the other hand, produced a couple thousand documents simply by conducting personal interviews and keyword searches. Each side was deeply unhappy with the alternative hypothesis. Baylson judge noted that there were three ways to solve this conflict: 1) reverse those involved in the real exam (for example, IT guy), 2) appoint a special advocate, and 3) sjbfwbfoe ubfo44%. .. . Huh? Sorry, dozed off for a second.

Anyway, between all the discussions on the work product doctrine and prediction coding algorithms, an interesting question arises: if the lawyers will take a level of technological competence ? Judge Baylson and "defender" of the plaintiffs, Anne Kershaw, was categorical responses.

• During the debate, the judge said Baylson, slowly, there is a wide range of technological literacy levels among judges and lawyers would do well to reflect these changes in adapting their arguments. In this regard, there is a movement underway, thanks to a series of recent opinions ethical, and incorporated in the recent amendments to the ABA Model Rule 105A professional lawyers to hold responsible for their relative (in) competence across technological issues. 105A under the new rules, "[t] o maintain the knowledge and skill, a lawyer should be aware of changes in legislation and its implementation, including the benefits and risks associated with the relevant technology." But it is only a shadow of evidence approach: if a lawyer is to be found in violation of an ethical obligation for a period of technologies. Driven by the panel member, David Brown, CEO of ALM raised the question of whether there should be, with the approval bar, figure / fitness, MPRE, etc., some "technical review bar" as a requirement

state

License. Judge Anne Kershaw Baylson and responded with a resounding NO, but for different reasons and from different perspectives.


judge Baylson (our paraphrase):
Find best price for : --Baylson----Michael--