Ethical E-Discovery: Core Competencies For New York Lawyers

E-Discovery counsel Samantha V. Ettari and associate Noah Hertz-Bunzl wrote an article titled "Ethical E-Discovery: Core Competencies for New York Lawyers" which appeared in the November 2, 2015, issue of the New York Law Journal. The article examines a recent California Bar opinion that highlights the ethical obligations of attorneys with respect to e-discovery and electronically stored information ("ESI"), and discuss how those and similar ethical duties may be implicated to New York lawyers by the ethics, state and federal court rules, as well as by recent jurisprudence on the preservation, collection, production and spoliation of ESI. Collectively, these sources provide a framework for New York lawyers in defining and navigating their ethical obligations and competencies in the realm of e-discovery.