I said in an earlier article (Recruiting one’s strength for post-recession litigation support) that I would come back to the difficult subject of e- discovery certification. The context in which it came up was that of the individual skills of litigation support professionals, and that is what this article is about. It is worth observing, however, that the assessment of e-disclosure / e-disclosure ability comes up also in other settings, including:
- The competence of services providers to render the services which they advertise.
- The fitness of a lawyer or firm of lawyers to practice in litigation in a world dominated by electronic documents, and of judges to manage cases.
- Specific technical skills acquired by following a curriculum and taking an exam, such as those required to use Guidance Software’s EnCase products.
- Training in the use of a particular application.
Whilst some or all of these link into my subject, I mention them mainly to emphasise that they are not my primary concern here. I am concerned with the question whether individuals employed within a firm or company ought to follow a course of study leading to a piece of paper which demonstrates their aptitude. I will say straight off that I am dead against this, but the arguments to the contrary are not to be lightly dismissed in a single sentence. Read the rest of this entry »
Posted by Chris Dale 
