The use of Technology-Assisted Review is gaining acceptance as more lawyers accept that the savings of time and cost cannot be ignored. It poses technical challenges and it also raises legal and ethical issues.
In the UK, the ethical concepts fall under the general duty of competence owed to clients, opponents and the courts. Electronic discovery plays a much larger part in US litigation and, accordingly, there have been several specific rules and regulations covering the ethical duties of lawyers.
To address these topics, Xerox Litigation Services has assembled a panel comprising Anthony Diana of Reed Smith, Jack Halprin of Google and Gabriela Baron of Xerox to give a webinar on 16 September at 1.00pm EDT. Its title is Ethics Webinar: Technology-Assisted Review (TAR) – ABA and State Rules.
They will cover in particular:
- the American Bar Association’s resolution under the duty of competence (Model Rule 1.1) that requires lawyers to “keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology”;
- Amendments to rules on communications with clients (Model Rule 1.4), confidentiality (Model Rule 1.6), and supervision (Model Rule 5.3) and their impact on the use of TAR;
- Overview of various state ethics rules; and,
- Relevant changes to the Federal Rules of Civil Procedure that may affect the use of TAR.