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Electronically Stored Information and the Ethical Duty of Competence

1 hour MCLE Credit including 1 hour in Legal Ethics

 

The competence requirements in handling electronically stored information (ESI) have come of age. The lessons driven home by the State Bar’s COPRAC Formal Opinion 2015-193 are clear: either learn the basics of ESI, find someone who does, or decline the representation. What exactly is the optimal level of knowledge? And, does engaging assistance relieve the duty? Many cases involve some sort of ESI, or have the potential to implicate ESI.

The competence requirements in handling electronically stored information (ESI) have come of age. The lessons driven home by the State Bar’s COPRAC Formal Opinion 2015-193 are clear: either learn the basics of ESI, find someone who does, or decline the representation. What exactly is the optimal level of knowledge? And, does engaging assistance relieve the duty? Many cases involve some sort of ESI, or have the potential to implicate ESI. Join legal ethics expert Heather Rosing and UC Hastings Adjunct Professor Shirish Gupta as they explore these questions and others in an effort to understand the advisory ethical standards issued in COPRAC Formal Opinion 2015-193.

Program Highlights:

  • Assessing e-discovery issues and needs
  • Implementing appropriate ESI preservation procedures
  • Advising the client
  • Meeting and conferring with opposing counsel about an e-discovery plan
  • The duty to supervise
  • Accidental disclosures of privileges and protected information

This is an intermediate level program and assumes some litigation experience.

On Demand CP59936-191

Recorded 2/16

 

If you are signed in and a CLE Passport holder, your adjusted cost appears below.

$ 79.00

The competence requirements in handling electronically stored information (ESI) have come of age. The lessons driven home by the State Bar’s COPRAC Formal Opinion 2015-193 are clear: either learn the basics of ESI, find someone who does, or decline the representation. What exactly is the optimal level of knowledge? And, does engaging assistance relieve the duty? Many cases involve some sort of ESI, or have the potential to implicate ESI. Join legal ethics expert Heather Rosing and UC Hastings Adjunct Professor Shirish Gupta as they explore these questions and others in an effort to understand the advisory ethical standards issued in COPRAC Formal Opinion 2015-193.

Program Highlights:

  • Assessing e-discovery issues and needs
  • Implementing appropriate ESI preservation procedures
  • Advising the client
  • Meeting and conferring with opposing counsel about an e-discovery plan
  • The duty to supervise
  • Accidental disclosures of privileges and protected information

This is an intermediate level program and assumes some litigation experience.

SHIRISH GUPTA

SHIRISH GUPTA

SHIRISH GUPTA brings to JAMS several years of experience as a successful neutral, as well as a decade and a half of experience as a litigator at top law firms and as a solo practitioner. Shirish is known for his legal acumen and economic prowess, which makes him particularly adept at diving into complex financial/technical disputes, including patents, securities and accounting, and class actions. Shirish has successfully settled numerous cases and is sought out by Silicon Valley startups, as well as Fortune 500 companies. In 2014, The Recorder conducted an extensive survey of Bay Area Attorneys and named Shirish the Best Independent Mediator. In 2013, Shirish's mediation skills were recognized when he was recruited to mediate Superstorm Sandy insurance coverage claims in New York. At the peak, he was mediating and resolving 4 claims per day. Shirish is an Adjunct Professor at UC Hastings, where he teaches Negotiation. Shirish will be the Co-Chair of the California State Bar Council of Sections in 2015-2016 and is a past chair of the State Bar Solo and Small Firm Section Executive Committee. Shirish received his J.D., from the University of Chicago Law School.

HEATHER L. ROSING

HEATHER L. ROSING

HEATHER L. ROSING serves as the Chairperson of the Professional Liability Department, working with a team of Klinedinst lawyers across the state in the defense of professionals such as lawyers and accountants. Ms. Rosing has developed a nationwide reputation for her experience and skill in litigating complex malpractice and fraud cases and in advising in the areas of ethics and risk management. Ms. Rosing also serves as a consultant and expert witness in the areas of fee disputes, professional responsibility, privileges, and attorney duties. Ms. Rosing is certified as a specialist in Legal Malpractice Law by the State Bar of California Board of Legal Specialization. Ms. Rosing has represented numerous lawyers and other professionals in hundreds of cases and matters in State Court, Federal Court, and arbitration proceedings. Her track record includes notable victories, both by way of motion and at trial. Ms. Rosing received her J.D., from Northwestern University School of Law .

Products specifications
PRACTICE AREA Civil Litigation & Torts
SUBTOPICS Evidence and Discovery
PRODUCT GROUP CLE
REQUIRED SUBJECTS Legal Ethics
Products specifications
PRACTICE AREA Civil Litigation & Torts
SUBTOPICS Evidence and Discovery
PRODUCT GROUP CLE
REQUIRED SUBJECTS Legal Ethics