Civil Litigation,
Law Practice
Dec. 5, 2015
How should lawyers handle 'metadata'?
While clients bear the ultimate responsibility for preservation and production of all relevant ESI, the lawyer nevertheless has certain duties in this connection.
A. Marco Turk
Emeritus Professor
CSU Dominguez Hills
Email: amarcoturk.commentary@gmail.com
A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.
While clients bear the ultimate responsibility for preservation and production of all relevant electronically stored information (ESI), the lawyer nevertheless has certain duties in this connection. Among others, those are: thorough explanation of e-discovery to the client; active involvement in the process or appropriately monitoring the necessary collections by the client; possess reasonable understanding of the client's ESI and computer systems; assisting in and monitoring litigation ho...
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