By Misty Ewegen and Henry Berman
“Discovery is, under the Federal Rules of Civil Procedure, intended to be a transparent process.“ Brown v. Tellermate Holdings, Ltd., No. 2:11-cv-1122, 2014 WL 2987051 (S.D. Ohio July 1, 2014).
The Tellermate decision is a compelling read for one very simple reason; rarely do we see such a lurid combination of ignorance and obfuscation during the discovery process. Tellermate is rife with examples of actions by both client and counsel that were either based on a true lack of understanding about the data sources involved or downright illegal.
Over the past decade the judiciary has issued opinions clearly stating that an attorney’s inability or unwillingness to catch up with technology is an ethical violation. In order to be competent practitioners of the law, attorneys have to understand the tools our clients use. Tellermate serves as an example of numerous issues that arise in…