Rosenthal Comments on E-Discovery Courses

Winston & Strawn e-discovery chairman, John Rosenthal was interviewed in the August 1 Law Technology News (LTN) article, "Sham Exam?" The article discussed the various organizations offering to certify professionals in e-discovery and how attorneys, paralegals, and litigation support professionals need to be careful when choosing a course to attend.

According to LTN, the "certifications" received from these affordable courses can violate many state's ethics rules that forbid lawyers from stating that they have passed certification programs. Rosenthal states, "First, it is unethical in many jurisdictions to help oneself out as either a specialist or certified in a particular practice. Second, many of the certifications are not offered by an accredited law school or college. At most, all that should be offered is a certificate of attendance of a course or program."

Credibility is very important when looking for a course or program; national, state, and local bar programs should be considered. Rosenthal points out that, "…e-discovery is often about understanding technology and project management. Only with that clear understanding can you really assist your clients in the actual practice of e-discovery."