EDRM Publishes Clarification to its Model Code of Conduct

Global News

13
Jan
2015

Editor

Language in Principle 3 Updated to Clarify Scope of Service Provider Obligations

EDRM, the leading standards organization for the e-discovery market, announces a proposed clarification to the language in Principle 3 – Conflicts of Interest of the EDRM Model Code of Conduct (MCoC) as well as a clarification to the language in the corollary to Principle 3.

The clarification distinguishes between (a) entities that are “members of the team,” i.e., participants in shaping legal strategy; and (b) technology providers that, while delivering capabilities to the team, are not on the team; i.e., they are not privy to or helping to shape case strategy. Principle 3 of the MCoC is intended to apply to the former, not the latter.

The revised Principle 3 now reads:

When (a) a Service Provider is engaged primarily to provide consulting services in connection with the broad range of activities covered by the EDRM and (b) as a material part of that engagement the Service Provider receives information about case strategy or assists in developing case strategy, then the Service Provider should employ reasonable proactive measures to identify potential conflicts of interest, as defined and discussed below. In the event that an actual or potential conflict of interest is identified, the Service Provider should disclose any such conflict and take immediate steps to resolve it in accordance with the Guidelines set forth below. 

The revised corollary to Principle 3 now reads: 

Clients should furnish Service Providers subject to Principle 3 with sufficient information at the commencement of each engagement to enable each Service Provider to identify potential conflicts of interest. If an actual or potential conflict of interest is identified and disclosed and the Client elects to proceed with the engagement, the Client should work in good faith with the Service Provider and other parties to facilitate a resolution to any such conflict in accordance with the Guidelines set forth below.

To comment on the proposed changes, go to the EDRM Model Code of Conduct page.

The EDRM Model Code of Conduct sets forth aspirational guidelines intended to serve as a basis for ethical decision making by all participants in the electronic discovery process. The MCoC was drafted by members of the EDRM MCoC Project and reflects years of exhaustive dialogue and a wide array of viewpoints representative of the interests of corporations, law firms and service providers across the country. Adherence to the MCoC is voluntary.