Cohen, DavidKenney, JeannineStafford, ElizabethHook, Sara Anne2016-11-072016-11-072016-11-11Cohen, D., Kenney, J., Stafford, E. and Hook, S.A.: Game On: Ethics and eDiscovery. 13th Annual Advanced eDiscovery Institute, Georgetown Law Continuing Legal Education, Washington, D.C., November 11, 2016.https://hdl.handle.net/1805/11424This program is solely for educational/discussion purposes. The individuals and circumstances presented in this hypothetical are fictional and any resemblance to actual persons or events is purely coincidental. Any research or opinions presented are not meant to apply to any real-life situations, which will invariably have unique facts and circumstances. Nothing in this presentation and none of these votes may be referenced in any real matter, particularly any matter involving any law firms, companies or other organizations of those in attendance here today!You will be presented with a hypothetical case involving a series of ethical decisions related to the discovery process. On each decision you will be asked to vote on whether counsel acted ethically or unethically. You vote by marking your game board AND using the red and green colored cards at your place. Following each vote, we will provide you with our interpretation of the correct answer, and the basis for that interpretation. In labeling conduct ethical vs. unethical, we are referring to the ethical rules and guidelines applicable to U.S. licensed attorneys and their delegates – not necessarily what might be considered ethical or unethical in a non-legal context. Just because conduct may not comply with “best practices,” that alone does not make it “unethical” for present purposes For this game, conduct will be considered unethical if it: Violates one or more applicable ethical rules; and/or Violates one or more legal ethics opinions; and/or Would leave a party or its counsel at substantial risk of being sanctioned based on existing rules or case lawen-USElectronic discoveryLegal ethicsABA Model Rules of Professional ConductFederal Rules of Civil ProcedureEarly case managementPreservationPresentation