Litigator's Duty of Reasonable Inquiry in Rule 26(g)(3): Guiding a Client Through Discovery

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Class Action and Other Litigation
- event Date
Monday, April 3, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will discuss how counsel can objectively satisfy the Fed. R. Civ. P. 26(g) duty to make reasonable inquiry into the client's discovery responses and thereby certify that the client has met its discovery obligations. The program will review what being "actively involved in discovery" means, as a practical matter; what it means to "follow up and validate;" and counsel's options if it cannot make the Fed. R. Civ. P. 26(g) certification.
Faculty

Mr. Losey has over forty years of experience representing companies and individuals in information technology issues, including contracts and business advice. He also has substantial experience in civil litigation, including commercial, intellectual property, employment and insurance. Mr. Losey's litigation sub-specialty in these areas is fraud, primarily defense oriented, but he also initiated for the plaintiff, on behalf of the United States, several government fraud Qui Tam cases. One resulted in the largest False Claims Act settlement in history. For the past ten years he has focused on a new area of the law that he has become passionate about, artificial intelligence, especially its use to find evidence and its ethical implications.

Ms. Sutherland is a former Chief Solicitor with the Baltimore City Office of Law and partner associated with several Baltimore-area law firms. She has accumulated more than twenty-four years of experience representing clients in personal injury, professional negligence, employment, civil rights, and insurance matters.

With nearly 30 years of trial experience, Mr. Rosenthal litigates complex commercial, antitrust and false advertising cases. As Chair of the firm's eDiscovery & Information Governance Practice, he also has expansive experience in all areas of electronic discovery, privacy, information governance, and data breach. In addition to Mr. Rosenthal’s litigation and counseling he also acts as national e-discovery counsel for numerous corporations. He is a former steering committee member of Working Group 1 of the Sedona Conference on Best Practices for Electronic Discovery and Records Management, a group of lawyers, judges and vendors focusing on the development of the law regarding electronic discovery and retention issues. Mr. Rosenthal is also a participant in Working Group 6 of the Sedona Conference International Electronic Information Management, Discovery and Disclosure, which focuses on international issues relating to disclosure, cross-border discovery, and privacy.

Ms. Tadler s the founding partner of Tadler Law LLP, a WBENC-certified, women-owned boutique law firm that offers an array of litigation and legal counseling services. With 30 years’ experience advocating for consumers and investors against corporate fraud and abuse while litigating and managing securities, consumer and data breach class actions, and complex litigation,she is one of the leading women litigators in the country. Described by Chambers USA as one who “passionately defends her clients’ interests to the greatest extent possible,” Ms. Tadler litigates large, complex, high-profile cases. She is sought after for her unique legal and technological acumen and case management skills.
Description
Bad things can and often do happen when lawyers over delegate e-discovery responsibility to their clients or vendors. Courts continue to express concern and exasperation over the conduct of counsel and parties in discovery and their failure to meet their affirmative obligations to make reasonable efforts to find discoverable material and that discovery responses were complete and correct when made.
It can be difficult for counsel to draw bright-line distinctions between acceptable and unacceptable conduct in preserving information and in conducting discovery, but counsel is not without guidance.
This panel will provide concrete examples of the oft-given advice that counsel should be "actively involved" in discovery and then follow up and validate processes. The program will discuss the role and content of checklists and how to establish that counsel took those affirmative steps. The panel will also discuss key case law in this area.
Listen as this panel of experienced e-discovery attorneys and litigators demonstrates what counsel must do to meet the duty of reasonable inquiry.
Outline
- Counsel's duty to supervise client discovery
- Strategies for staying actively involved in discovery
- Strategies for validating client's searches and productions
- Strategies for when client performance falls short
Benefits
The panel will review these and other key issues:
- Why do lawyers and parties continue to struggle with managing discovery?
- What is "knowledge, information, and belief formed after a reasonable inquiry"?
- What have courts identified as less than reasonable inquiry into a client's discovery undertakings and what are the possible consequences, including sanctions?
- How can counsel overcome client objections to their involvement in discovery?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Related Courses

Authenticating Disputed E-Signatures at Trial: ESIGN and UETA, Experts, Burdens of Proof, Audit Trails
Friday, February 28, 2025
1:00 p.m. ET./10:00 a.m. PT

Concurrently and Ethically Representing Companies, Owners, and Employees in the Same Matter
Monday, May 19, 2025
1:00 p.m. ET./10:00 a.m. PT
Recommended Resources
Explore the Advantages of Consistent Legal Language
- Learning & Development
- Business & Professional Skills
- Talent Development