Guest Post on Everlaw: Is An Attorney Responsible for Manually Reviewing Discovery Before Production?

I prepared a guest post for Everlaw’s blog on an attorney’s ethical duty to follow a client’s instruction to manually review documents prior to production. Is expert testimony required to show a lawyer breached their standard of care or is this issue one a jury can decide on their own?[…]

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Know Your Client’s ESI: You Really Don’t Want a Judge Saying, “This is Unacceptable”

This may surprise a few people: There is another magistrate judge besides Judge Waxse writing ESI opinions in Kansas.  Magistrate Judge Donald Bostwick issued an order granting in part and denying in part a motion to compel ESI in Patterson v. Goodyear Tire & Rubber Co., 2009 U.S. Dist. LEXIS[…]

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Status Messages and Client Confidences

Web 2.0 marketing is a highly effective way for lawyers to promote their services to prospective clients.  Web 2.0 marketing is leveraging collaborative programs hosted over the Internet, such as social networking sites or Wikis, to provide content highlighting an attorney’s services.  This form of marketing could also result in[…]

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What Happens When the Requesting Party Does Not State a Form of Production?

Federal Rule of Civil Procedure Rule 34 allows for a requesting party to state the form of production in their request. In the event a requesting party does not state the form of production, the responding party can state the form of production in their reply. However, if no party[…]

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