ethics – Page 2 – Bow Tie Law

Name that Form of Production: Converting ESI to TIFF without Metadata is Not a Reasonably Useable Form

May 7, 2009 Josh Gilliland Discovery, Document Review, e-Discovery, Electronically Stored Information, Email, ESI, ethics, Form of Production, Metadata, Native File, TIFF

Bray & Gillespie Mgmt. LLC v. Lexington Ins. Co., 2009 U.S. Dist. LEXIS 21250 (M.D. Fla. Mar. 4, 2009) is a lengthy opinion covering Rule 34 requests, form of production issues concerning metadata, reasonably useable form of production, ethical responsibilities for candor to the Court and Opposing Parties and sanctions. […]

Status Messages and Client Confidences

April 29, 2009 Josh Gilliland Attorney Client Privilege, Blogging, Discovery, Duty of Care, e-Discovery, ethics, Facebook, Work Product Doctrine

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[…]

Spinning the Spoliation Record (OR, Download MP3 Sanctions)

April 6, 2009 Josh Gilliland Discovery, e-Discovery, ethics, Music Downloads, Piracy, Request for Production

I watched David Boies argue the original Napster case on CSPAN while taking Computer and Internet Law at McGeorge, University of the Pacific. David Boies is more remembered for later representing Vice President Al Gore in the Bush v Gore legal saga. Online music downloads have caused litigation with the[…]

Ethics of e-Discovery (or, Teaching Lawyers Ballet)

February 11, 2009 Josh Gilliland Discovery, Document Review, e-Discovery, ethics, Form of Production

“Watching an incompetent lawyer is like watching a clumsy ballerina.” Magistrate Judge John M. Facciola, February 4, 2009 Magistrate Judge John M. Facciola’s keynote at Legal Tech 2009 had a call to action for lawyers to have certifications and standards of competence regarding technology. In light of how everyday life[…]