John Upchurch
A presentation by Hon. Richard Allen Nielsen, Tampa, the incoming chair of the Florida Bar Rules of Civil Procedure Committee was a highlight of the Association of Certified E-Discovery Specialists’ (ACEDS) third annual conference in Ft. Lauderdale earlier this month. Judge Nielsen led the study commission that authored the recently adopted amendments covering e-discovery in Florida.
He pointed out the new ABA Model Code provision that expands the traditional definition of "competency" to specifically include the attorney's obligation to be competent as it relates to technology, and predicted that the states would be quickly falling into line to adopt the new language.
We are convinced that e-discovery will emerge as a major new area of focus in the litigation space over the next few years. UWWM principals Larry Watson and Michael Orfinger, who were with me at the conference, also have recently joined me in becoming Certified E-Discovery Specialists ("CEDS") following rigorous study and an examination.
We are starting a new practice group to assist in overseeing e-discovery negotiations between parties and counsel, lending our experience and specialized training as a tool to facilitate the smooth determination of appropriate protocols and standards to apply in individual cases. We are making ourselves available to judges to be appointed as special magistrates/masters, and to attorneys either in that role by stipulation, or as mediators to host negotiations designed to resolve disagreements over e-discovery issues. For more information, see our new
webpage.
