Duty of Care – Bow Tie Law

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

September 29, 2014 Josh Gilliland Document Review, Duty of Care, e-Discovery, eDiscovery, ethics, Expert Witness

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?[…]

Mining for eDiscovery Sanctions

September 26, 2013 Josh Gilliland Deposition, Discovery, Duty of Care, e-Discovery, Electronically Stored Information

Some cases begin with such a “wow” introduction they have to be seen to be believed: To put it lightly, there has been a severe shortcoming by Defendants in this action during the discovery process. Not only have Defendants’ resisted providing required information in initial disclosures and resisted previous discovery[…]

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

May 1, 2009 Josh Gilliland Discovery, Duty of Care, e-Discovery, Electronically Stored Information, Email, ESI, Litigation Hold, Request for Production

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[…]

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[…]

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

January 8, 2009 Josh Gilliland Discovery, Document Review, Duty of Care, Form of Production, Motion to Compel, Request for 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[…]