According to the New York State Bar Association Issues E-Discovery Guidelines,
“Lawyers need not become computer experts; but they do need sufficient knowledge to represent clients competently in a world where “e- discovery” is fast becoming standard “discovery.”
These 14 guidelines place emphasis on the importance of evolving technology and the responsibility to preserve data. Although the guidelines are intended to provide New York practitioners with “practical, concise advice in managing electronic discovery,” all legal professionals can benefit greatly from thoughtfully reviewing and adjusting their practice accordingly.
“Whether documents are stored on Facebook, in an iPad, in email or in the ‘cloud,’ members of the legal profession must understand their legal responsibilities in preserving, collecting and producing the electronically stored information,” state bar President Vincent E. Doyle III said in a press release.
The legal responsibility to preserve electronic data has always been met with push back and confusion. What needs to be preserved? What triggers preservation? What methods of preservation are sufficient? Well, these 14 guidelines present a solid framework and manage to answer all of those burning questions most legal professionals have.