Presenting on Ethics and E-Discovery at U.S. Open

(updated) I'll be presenting at the U.S. Open golf tournament today.  The topic is ethics and electronic discovery.  My thesis is that lawyers need to adapt in two ways in the age of electronic discovery:

  1. Better understand technology, because evidence today is likely to be in electronic form. (the duty of Competence)
  2. De-emphasize the adversarial duties of Diligence and Confidentiality and re-emphasize the cooperative duties to Expedite Litigation, Candor Toward the Tribunal, and Fairness to Opposing Party and Counsel.

(cross-posted at California E-Discovery Law)

Update: Monica Bay over at EDD Update (Electronic data discovery news and analysis) and The Common Scold read my post and writes:  "OK, I guess I'm clueless but what's the nexis between golf and EDD? Perhaps he'll jump into the comments and 'splain it all to us."  My attempt at an explanation in comments over at her sites here and here.

Back From The Sedona Conference On E-Discovery

The Sedona Conference I apologize for the dearth of recent posts. I was traveling last week to attend the Fourth Annual Getting Ahead of the eDiscovery Curve Program presented by The Sedona Conference Institute. I had the honor of sharing notes with dozens of thought leaders in e-discovery, which by extension, means leaders in designing efficient legal processes.

I'm still in the process of catching up, but back to a normal posting schedule and promise to share some of the interesting ideas I've learned.

Site Maintenance

(updated below) I've decided to upgrade the site, mostly to deal with behind the scenes issues which I'll share later.

To do it in the cleanest way possible, I'll be taking the site down for most of the weekend. There won't be any new posts and you'll likely encounter a placeholder page.

Thanks for your patience.

UPDATE:  Maintenance went smoothly and there was minimal downtime this afternoon. There are a few minor upgrades still in progress and I need to further test several items.  But with these exceptions, normal blogging will resume. Thanks again.