Game On: Ethics and eDiscovery

Abstract

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 law