Ride the Lightning
Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.
Solo and Small Firm Lawyers: Still Ramping Up on E-Discovery
August 9, 2011
Last week, I enjoyed giving three presentations at the Pennsylvania Bar Institute's Law Practice Management and Development Institute to audiences that were largely comprised of solo and small firm lawyers. It was a good time with co-presenters Dan Siegel and Peter Gulia.
All three presentations were on e-discovery and all three audiences unabashedly admitted that they were basically novices in e-discovery. These were bright and inquisitive folks, but once again they confirmed my sense that the "big firm" baseline e-discovery knowledge is very, very high compared to that of solo and small firm lawyers, most of whom have not dealt with e-discovery – and many of whom are uncertain why they should learn about it.
One of my gracious co-presenters actually has a clause in his engagement agreement that he does not perform discovery or e-discovery services. I'd never heard of that before, but that's certainly one way to make it clear where you are and are not competent.
How do we help solo and small firm lawyers become more educated in e-discovery, which is hardly something they can avoid entirely, even if they are not litigators? It does seem as if many CLEs are now geared to those who are already fairly competent in e-discovery thus leaving many other attorneys far behind. They still need the e-discovery primer that many lawyers took years ago.
I admire the PA Bar Institute for making sure that these fundamental programs are offered to lawyers. Since the private CLE vendors are moving away from the basic courses, perhaps the state bar CLEs need to keep in mind the continuing need for basic e-discovery education.
Questions I heard included: "What's metadata?" "What's native format?" "What's a Meet and Confer?"
'Nuff said. Let's continue educating!
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