To help lawyers and judges navigate the legal profession”™s growing electronic discovery landscape, the New York State Bar Association has issued guidelines for best practices that offer extensive practical advice on e-discovery issues in state and federal courts.
A spokesman for the bar association said the guidance covers the preparation, preservation, collection, processing, review and production of evidence in electronic form ”“ including email, texts, social media and cloud technology ”“ in response to business, regulatory or legal requirements.
The new publication, “Guidelines for Best Practices in E-Discovery in New York State and Federal Courts,” is available free of charge at www.nysba.org/e-discovery.
“Whether documents are stored on Facebook, in an iPad, in email or in the ”˜cloud,”™ members of the legal profession must understand their legal responsibilities in preserving, collecting and producing the electronically stored information,” state bar President Vincent E. Doyle III said in a press release. “In a world where e-discovery is fast becoming standard discovery, it is imperative that lawyers understand this emerging area of evidence so we can fulfill our obligations to our clients and the courts.”
Adam Cohen and Connie Boland, two of the guide”™s authors, said it addresses topics that represent areas of high risk for client and counsel. “This guide aims to improve awareness and foster communication, with the goal of containing risk,” they added.