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Discovery can be the most important phase of litigation, directing the course and outcome of the case. How evidence is discovered, how it is used, and how mistakes in its handling are disclosed and remedied all raise very significant ethical issues. These issues – the risk of mishandling – are increased by the vast growth of ESI, electronically stored information. Litigators have certain obligations that their vendors comply with ethics rules. There are also issues surrounding the use of paralegals in discovery practice. Failure to ensure ethics compliance during discovery can have a material adverse impact on the underlying litigation and draw an ethics complaint. This program will provide you with a real-world guide to substantial issues ethical issues that arise in discovery practice and how to avoid ethics complaints.
Handout Materials will be emailed to you prior to the seminar
1.0 MCLE Credit Hours, including 1 ethics hour
Elizabeth Treubert Simon, Akin Gump Strauss Hauer & Feld LLP – Washington, D.C.
Thomas E. Spahn, McGuireWoods, LLP – McLean, Virginia