Litigation document review can be one of the most time-intensive parts of litigation, and comprises a large part of the work performed by many thousands of attorneys. Yet there is little guidance available to help attorneys who perform reviews-or the many in-house and outside lawyers who enlist their assistance-to comply with associated ethical requirements.

Speakers: David R. Cohen

Event Type: CLE / CPD

Start Date/Time:
17 July 2019, 12:00 PM EDT
End Date/Time:
17 July 2019, 1:00 PM EDT

This webinar will feature a dialogue between one of the leaders of an e-discovery document review operation and a law school professor on key ethical issues surrounding litigation document review, including:

  • How should reviewers resolve questions about “gray area” documents when it comes to responsiveness and privilege?
  • What should reviewers do when the review instructions direct them to classify as “privileged” documents that are not legally entitled to privilege protection?
  • Are lawyers required to disclose to their adversaries their use of predictive coding?
  • How can companies and law firms avoid abetting the unauthorized practice of law when using e-discovery companies—or even offshore review lawyers-- for document review?
  • What are your professional responsibilities when you find that your litigation opponent has inadvertently produced privileged documents or metadata?
  • What guidance is provided by Model Rules of Professional Conduct 1.1, 1.6, 3.1, 3.3, 3.4, 4.4, 5.5, 8.3, and prevailing ethics opinions, to help answer these questions? 

Please join us for what will be a lively and interesting discussion of these issues!