An Educational Conversation with Judge Peck

Migrated from eDJGroupInc.com. Author: Mikki Tomlinson. Published: 2013-02-12 09:00:09  I once again had the opportunity to sit down with The Honorable Andrew J. Peck for an “interview” during LegalTech New York (LTNY).   I put the term interview in quotes because it really wasn’t very formal; Judge Peck agreed to visit with me about eDiscovery over a relaxing lunch and gave me permission to write about it.  As you would expect, we discussed the hot topics of LTNY 2013 as well as other current eDiscovery issues.  We kept coming back to one common theme, though (actually, it seems that most of my conversations with Judge Peck circle back to this theme):  eDiscovery education.I asked his Honor if a greater percentage of the attorneys that appear before him are better educated on eDiscovery issues than in the past.  I think he really wanted to say yes.  I really wanted him to say yes.  Instead, I got a reluctant “…sadly, no” for a response.   Judge Peck went on to share a few war stories on dealing with the uneducated.  I shared a few back.  We chatted about educating both the judiciary and practitioners.  Unfortunately, we did not come up with any breakthrough educational solutions.  I am writing about this, however, because it evidences the fact that education, or lack thereof, is a very real problem in our industry and it needs to be addressed.The problem is not stagnant.  It’s growing.  The divide between the “have’s” and the “have not’s” of eDiscovery knowledge is getting larger.  It is not necessarily the number of legal professionals that are schooled in eDiscovery that is increasing the divide. As pointed out in Barry Murphy’s LegalTech 2013 Wrap Up, “The hyperbole about what might happen was muted by the discussion about what is happening” (emphasis added).  We are in a period of compounding growth in our industry.  Momentum is increasing as theories are put to the test, lessons are learned and best practices are developed.  It is now the depth of eDiscovery knowledge that is the source of exponential growth of the “have’s”, who are leaving the “have not’s” in the wake of their dust.I expressed my frustration to Judge Peck about the level of eDiscovery education available outside of the “Sedona Bubble” –  where the “have not’s” go for continuing education.  He asked me what impact I think the 2012 amendments to the ABA Model Rules of Professional Responsibility is in this regard.  My answer?  I think it is, unfortunately, minimal and depends upon how it is presented to the eDiscovery novice.[poll id=”14″]I would love to hear your thoughts on the state of eDiscovery education.  Please feel free to leave a comment below or reach out to me directly at Mikki@eDJGroupInc.com.