Technical Competence ‘mini’ Litmus Test (Part III)

This is the final piece in the Technical Competence ‘mini’ litmus test.  Prior to this, we focused on general questions related to technical competence and then in Part II we addressed questions related to Information Governance, Identification, Preservation and Collection.  Hopefully you have your notes from Part I and Part II as they will serve you well in identifying the … Read More

Technical Competence ‘mini’ Litmus Test (Part II)

In Part I of the Technical Competence ‘mini’ Litmus Test, we focused on general questions you could ask to gauge your firm’s current technical competence, (“eCompetence”).  Hopefully you have your notes from the draft custom syllabus that was formed by answering the questions in Part I.  If you have not read Part I, I would encourage you to do so … Read More

Technical Competence Litmus Test Part I

I have worked for attorneys for many years.  I know how hard the job is. I know how intelligent they are and I know the pride that comes with introducing yourself as a litigator.  But all that aside, no one likes to do anything that they aren’t good at.  Many attorneys and their staff have already established a solid reputation … Read More

Who’s Paying Whom

I can recall being out of town for some settlement discussions a couple of weeks before a scheduled trial.  The key players to pull off a settlement were all present including the 3rd Party administrator that had the power to cut a check.  Privately, we were discussing strategy while I was in the corner working on my laptop that had … Read More

Lets Give Them Something To Talk About

talk about it

Have you heard about the amendment to the FRCP Rule 34, which relates to early requests?  Well, it’s definitely something to talk about.  The courts are doing their best to assist counsel by arming them with as much information as possible before the ‘meet and confer’.  The amended rule reads: Early Rule 34 Requests A. Time to deliver. More than … Read More

No Spin Zone

Most of us know that several states (at least 25) and even some local bars have adopted the ethical duty rule that requires lawyers to stay “technically competent” as part of the ethical obligations of their license to practice law.  The official language reads as follows: ABA Model Rules of Professional Conduct, Comment 8 to Model Rule 1.1: Maintaining Competence … Read More