Table of Contents
The EDRM Model Code of Conduct (MCoC) was published in draft form on July 9, 2011 and is posted here for comment as well as at http://edrm.net/projects/model-code-of-conduct.
The MCoC addresses five key principles: 1 – professionalism, 2 – engagement, 3 – conflicts of interest, 4 – sound process, and 5 – security and confidentiality. Each principle focuses on the duties of service providers and is accompanied by a corollary focusing on corresponding expectations for their clients.
The public comment period for the MCoC is open through September 30, 2011.
Two options are available for commenting on the MCoC. First, you may post comments here. Second, you may email comments to us at firstname.lastname@example.org.
To comment here:
1. Click on a heading at the left (e.g., “1 – Professionalism”);
2. Click on the paragraph you would like to comment about; and
3. Complete the form.
All comments received through September 30, 2011 will be reviewed by the EDRM MCoC Project team at the EDRM Mid-Year meeting, to be held in Saint Paul on October 19-20, 2011. The final version of the MCoC will be published by EDRM prior to the February 2012 LegalTech NY conference.
- Regards, on behalf of the EDRM Model Code of Conduct team
This Model Code of Conduct (MCoC) 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. The MCoC consists of five Principles and their [...]
Principle: Service Providers should perform their work in a competent, accurate, timely and cost-effective manner, adhering to the highest standards of professionalism and ethical conduct. Corollary: Clients should be forthright, accurate and timely in their dealings with Service Providers and act at all times in accordance with the highest professional standards of ethical conduct. Guidelines: 1. Competence: A Service Provider shall provide competent performance of services to a Client. Co [...]
Principle: Service Providers should collaborate with Clients to establish and memorialize the terms of their relationship including any reasonably foreseeable parameters as early as possible upon the initiation of any new engagement. Corollary: Clients should provide sufficiently detailed information about the subject matter, the parties involved in the litigation and any material issues or variables that would assist the Service Provider in accurately defining the engagement. Guidelines: 1 [...]
Principle: Service Providers 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, Service Providers should disclose any such conflict and take immediate steps to resolve it in accordance with the Guidelines set forth below. Corollary:Clients should furnish Service Providers with sufficient information at the commencement of each engagement to enable [...]
Principle: Service Providers should define, implement and audit documented sound processes that are designed to preserve legal defensibility. Corollary: Clients should cooperate with Service Providers to ensure that auditable, documented sound processes, appropriate for each engagement, are defined and implemented by all concerned parties to preserve legal defensibility. Guidelines: 1. Service Providers should exercise reasonable diligence to remain knowledgeable and competent in regards to [...]
Principle: Service Providers should establish and implement procedures to secure and maintain confidentiality of all Client ESI, communications and other information. Corollary: Clients should work with Service Providers to ensure that reasonable measures, appropriate for each engagement, are established and implemented by all concerned parties to secure and maintain confidentiality of all ESI, communications and other information. Guidelines: 1. Service Providers should develop policies an [...]