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Ethics/Professional Responsibility

Jul. 16, 2011

E-Discovery: Dangers of shifting burden of document review to outside service providers

A large prominent law firm proves to be more vulnerable than they might have thought possible.

A. Marco Turk

Emeritus Professor, CSU Dominguez Hills

Email: amarcoturk.commentary@gmail.com

A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.

Let's consider a scenario that involves the serious matter of dealing with, among other things, potential professional negligence in the area of e-discovery document review, where a large prominent law firm proves to be more vulnerable than they might have thought possible. In a whistle-blower lawsuit, they respond on behalf of their defendant manufacturing client to the issuance of subpoenas from federal and state governments concerning both paper and electronic documents, and allegedly...

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