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You are viewing ARCHIVED CONTENT released online between 1 April 2010 and 24 August 2018 or content that has been selectively archived and is no longer active. Content in this archive is NOT UPDATED, and links may not function.By Lisa Hoover McGreevy
A new formal opinion released [.pdf] by California’s Committee on Professional Responsibility and Conduct offers strong words to attorneys about their ethical duties surrounding the handling of electronically stored information. In short, “But, Your Honor, I don’t understand how eDiscovery works” shouldn’t be a valid argument in the California court system. The non-binding opinion makes it clear that attorneys should be held responsible for evaluating the need for electronic discovery on a case-by-case basis.