Podcast #29: Brendan Kenny on E-Discovery

Brendan Kenny explains what every lawyer needs to know about e-discovery. But first, how to effectively disconnect your phone when you’re on a vacation.

Brendan Kenny on What Lawyers Need to Know About E-Discovery


Now California says you must understand e-discovery in order to litigate in California courts. Which makes sense, since a lot of the discoverable information in the world is electronic, now. If you don’t understand elementary concepts like native format, you don’t get very far (and in California courts, you won’t get anywhere).

Brendan is an e-discovery enthusiast (seriously) who explains what every lawyer needs to know about it.

Thanks to Ruby Receptionists for sponsoring this episode!

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  1. Computers are supposed to make things cheaper, but not in eDiscovery. The more data you have, the more expensive it gets. Related to the US obesity epidemic? Possibly. Related post we wrote on the CA opinion:

    “California ethics opinion DOES NOT say hire a vendor and be done with it”

    • Avatar Sam Glover says:

      This quotation you pulled out is absolutely the money quote:

      This consultation or association, however, does not absolve an attorney’s obligation to supervise the work of the expert under rule 3-110, which is a non-delegable duty belonging to the attorney who is counsel in the litigation, and who remains the one primarily answerable to the court.

      You can’t outsource competence.

      • Avatar Brendan Kenny says:

        Exactly. You delegate all you want. But if you don’t have a basic understanding, you don’t know how to delegate, what to delegate, and what needs to be done.

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