The Legal Ethics of TAR: An Ethical Primer on the Use of Advanced Technology in Litigation Support

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This is a complimentary program sponsored by Catalyst. 


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 Seventeen states now say lawyers have an ethical duty to be competent in technology.  A State Bar of California ethics opinion recently extended that duty to include competence in eDiscovery.  On top of that, the federal courts are implementing new proportionality rules on December 1 governing your duty to produce documents.  All of this comes as lawyers everywhere grapple with thorny ethical issues concerning the use of cloud technology, storing privileged documents with outside vendors, and relying for key tasks on smart but non-human computer algorithms.

What are your ethical duties when using new technology in eDiscovery?  Join us for a careful and comprehensive look at the ethics of technology-assisted review and the issues you should consider when using this technology.

Educational Objectives:
• What does the duty to be technologically competent mean?  How do I get up to speed?
• Can I ethically use the cloud to manage some or all of my privileged documents?  If so, what are my responsibilities to ensure client confidentiality?
• What are my ethical responsibilities in hiring outside vendors for litigation support and document review?  Can I use third-party reviewers, either in the U.S. or offshore, to review documents without jeopardizing the attorney-client privilege?
• Are there ethical requirements for keyword search?  Must I have a certain level of expertise to use keywords?
• How can I use TAR and other advanced analytical tools to make my review more proportional and cost-effective?

Who would benefit the most from attending this program?
This program would benefit any lawyer who handles any type of litigation matter in court.  As a recent California ethics opinion stated, “In today’s technological world, almost every litigation matter potentially” involved eDiscovery.  That means that every attorney who handles matters in court must have at least a baseline level of competence in and an understanding of eDiscovery, the California opinion said.  The same is true for attorneys in every jurisdiction.

This program will benefit attorneys by helping them understand their ethical duty to be competent in technology and eDiscovery.  In addition to outlining the applicable law and ethics rules, it will help them understanding what to do if they do not have the requisite degree of competence.



Mr.Ronald J. Hedges is the principal of Ronald J. Hedges LLC. He has extensive experience in eDiscovery and in the management of complex litigation and has served as a special master, arbitrator and mediator.  He also consults on management and discovery of electronically stored information.

Mr. Hedges was a United States Magistrate Judge in the United States District for the District of New Jersey from 1986 to 2007.While a magistrate judge, he was the Compliance Judge for the Court Mediation Program, a member of the Lawyers Advisory Committee, and both a member of, and report for, the Civil Justice Reform Act Advisory Committee.  From 2001 to 2005, he was a member of the Advisory Group of Magistrate Judges.

Mr. Hedges was an adjunct professor at Seton Hall University Law School, where he taught mediation skills.  He was an adjunct professor at Georgetown University Law Center and remains an adjunct professor at Rutgers School of Law – Newark. He taught courses on electronic discovery and evidence at both these schools.  He was a Fellow at the Center for Information Technology of Princeton University for 2010-11 and 2011-12.  Mr. Hedges is also a member of the College of the State Bar of Texas.  Mr. Hedges is admitted to the bars of the District of Columbia, New Jersey, New York and Texas.He is also admitted to the bars of various federal courts.


Mr. John Tredennick is a former trial lawyer and litigation partner with a large national law firm.  He is the founder and CEO of the eDiscovery technology company Catalyst, based in Denver.  He has written or edited five books and countless articles on litigation and technology issues.  He was recently named one of the top six eDiscovery trailblazers by The American Lawyer.  He was also named one of the “Top 100 Global Technology Leaders” by London’s CityTech magazine.  Mr. Tredennick has served as chair of the ABA Law Practice Management Section and editor-in-chief of its flagship magazine.  Mr. Tredennick is admitted to practice in Colorado, the United States Court of Appeals for the Tenth Circuit, and the United States Supreme Court.


Mr. Thomas Gricks is a licensed attorney in the Commonwealth of Pennsylvania and has been an active general commercial litigator for the past 23 years.  He has practiced before both federal and state courts across the country and is currently admitted to practice in Pennsylvania as well as a number of federal jurisdictions, including the United States Supreme Court.  For the past several years, Mr. Gricks has devoted a substantial portion of his practice to eDiscovery, with a particular emphasis on technology-assisted review.  He argued the Global Aerospace case before the Circuit Court in Loudoun Count, Virginia, which is the firm case to permit the use of TAR over the objection of the opposing party.  He is a member of the Sedona Conference Working Group One, and is a frequent speaker on eDiscovery and TAR topics.  He has presented at continuing legal education seminars across the country, including the Sedona Conference Institute and the Georgetown Advanced eDiscovery Institute.  He has a also published a number of articles in eDiscovery topics, including co-authoring The Implications of Rule 26(g) on the Use of Technology-Assisted Review, 7 FED. CTS. L. REV. 239 (2013).


Mr. Robert Ambrogi is a news media veteran and the only person ever to hold the top editorial positions at the two leading national U.S. legal newspapers, the National Law Journal and Lawyers Weekly USA.  He is currently a Massachusetts lawyer who represents clients at the intersection of law, media and technology.  He is also internationally known for his writing and blogging about the Internet and technology.  Mr. Ambrogi also serves as director of communications for Catalyst.