This webinar was presented on Dec. 13, 2017, and was accredited for one hour of Ethics CLE credit in Colorado. Please note that Catalyst provided certificates of attendance for the live version only. It's still a fantastic resource, however. Please complete the form to view the recorded webinar and download slides. Find more resources here.

More than 28 states now say lawyers have an ethical duty to be competent in technology. A State Bar of California ethics opinion recently extended that duty to include competence in e-discovery. On top of that, the federal courts have implemented new proportionality rules governing your duty to produce documents. All of this comes as lawyers everywhere grapple with thorny ethical issues concerning the use of cloud technology, storing privileged documents with outside vendors, and relying for key tasks on smart but non-human computer algorithms.

What are your ethical duties when using new technology in e-discovery? Join us for a careful and comprehensive look at the ethics of technology assisted review and the issues you should consider when using this technology.

We will cover:

  • What does the duty to be technologically competent mean? How do I get up to speed?
  • Can I ethically use the cloud to manage some or all of my privileged documents? If so, what are my responsibilities to ensure client confidentiality?
  • What are my ethical responsibilities in hiring outside vendors for litigation support and document review? Can I use third-party reviewers, either in the U.S. or offshore, to review documents without jeopardizing the attorney-client privilege?
  • What are the implications of Federal Rule of Civil Procedure 26(g) for the use of TAR and certification obligations for trial attorneys?
  • How can I use TAR and other advanced analytical tools to make my review more proportional and cost-effective?

Who would benefit the most from attending this program?

This program will benefit lawyers who handles any type of litigation matter in court. As a recent California ethics opinion stated, “In today’s technological world, almost every litigation matter potentially” involved e-discovery. That means that every attorney who handles matters in court must have at least a baseline level of competence in and an understanding of e-discovery, the California opinion said. The same is true for attorneys in every jurisdiction.


Bob Ambrogi | Legal Technology Author and Catalyst Communications Director
Thomas Gricks 150

Bob has been writing and speaking about legal technology and the Internet for two decades. He writes the award-winning blog LawSites and is a columnist for Above the Law, the ABA Journal and Law Practice magazine. He co-hosts the longest-running legal podcast, Lawyer2Lawyer, as well as the podcast Law Technology Now, both available through the Legal Talk Network. In 2011, Bob was named to the inaugural Fastcase 50, honoring “the law’s smartest, most courageous innovators, techies, visionaries and leaders.” He is also a fellow of the College of Law Practice Management.

Thomas C. Gricks III | Managing Director, Professional Services | Catalyst
Thomas Gricks 150

Tom is a managing director at Catalyst and a licensed attorney in Pennsylvania. Before recently joining Catalyst, he was a general commercial litigator for 23 years. He practiced before both federal and state courts across the United States, and, in addition to Pennsylvania, is admitted to practice in a number of federal jurisdictions, including the Supreme Court. For the past several years, Tom has devoted a substantial portion of his practice to e-discovery, with a particular emphasis on TAR. He argued the Global Aerospace case before the Circuit Court in Loudoun County, Virginia, which is the first case to permit the use of TAR over the objection of the opposing party.

John Tredennick | Founder and CEO | Catalyst
Andrew Bye

John Tredennick is the CEO and founder of Catalyst Repository Systems, which designs, builds and runs the world's fastest and most powerful software platform for complex e-discovery, regulatory investigations and compliance. A former trial lawyer and litigation partner with a large national law firm (20+ years), John has written or edited five books and countless articles on litigation and technology issues and has spoken before legal-technology audiences in five continents. Recently, The American Lawyer named him one of the top six e-discovery trail blazers in its issue on the “Top 50 Big Law Innovators of the Last 50 Years.” He also served as chair of the American Bar Association’s Law Practice Management Section and was editor-in-chief of its flagship magazine Law Practice and the founder and editor of its webzine Law Practice Today.


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