Electronically stored information (ESI) is everywhere, with new technologies and communication methods popping up daily. Not too long ago, lawyers could leave technology to the IT departments. Now, under ABA Model Rule of Professional Conduct 1.1, a lawyer’s duty of competence encompasses the duty to stay “abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.” (See ABA Model Rue 1.1, Comment 8.) Any data that is stored in an electronic format can be classified as ESI and subject to production under common e-discovery rules.
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