Welcome to Module 4-L.

Judge Facciola on E-Discovery and Ethics.

Here is the keynote speech by Judge John Facciola on e-discovery and ethics at the NIU symposium on this topic. John is one of the top judges (or was, he’s retired now) and this is a magnificent speech. One of Losey’s favorite classes for that reason.




MANDATORY READING ASSIGNMENTS. Listen to or read the transcript of the interview on ESI Bytes of Ralph Losey on Ethics. Note at least one issue he touches upon in this interview not mentioned by Judge Facciola.

Additional Reading. Read one or more of the many other interviews, articles, or speeches by Judge Facciola on Ethics. Aside from him and Professor Losey, who else in the field of law seems to be concerned with ethics and electronic discovery? Read one or more interviews, articles, or speeches by them. Do you detect any substantial differences?

EXERCISE. Why do you think Judge Facciola portrayed his ideas on ethics as explosive?

Students are invited to leave a public comment below. Insights that might help other students are especially welcome. Let’s collaborate!

Copyright Ralph Losey 2015

Ralph Losey is a practicing attorney who specializes in electronic discovery law. He is a principal in a U.S. law firm with over 50 offices & 800 lawyers where he supervises electronic discovery work and litigation support. Ralph has written over two million words on law and technology, including six books on electronic discovery. His latest books are "E-Discovery for Everyone" (ABA 2017) and "Perspectives on Predictive Coding" (ABA 2017) (ed. & contributor). His blog is widely read in the industry: "e-DiscoveryTeam.com." Ralph is the founder and principal author of "Electronic Discovery Best Practices" and "e-Discovery Team Training," a free online course covering all aspects of e-discovery. Ralph's sub-speciality is the search and review of electronic evidence using multimodal methods, including artificial intelligence. He also has a free online training program to teach these advanced methods - the "TAR Course." Ralph has devoted a month of his time each year since 2013 to research and test various AI-enhanced document review methods. In 2015 and 2016 Ralph and his Team participated in the TREC Total Recall Track experiments sponsored by the National Institute of Standards and Technology. Ralph has been involved with computers and the law since 1978. His full biography is found at RalphLosey.com. Ralph is the proud father of two children, Eva M. Losey and Adam Colby Losey, a high-tech lawyer married to another e-discovery lawyer, Cat Jackson Losey, and, best of all, Ralph has been married since 1973 to Molly Friedman Losey, a mental health counselor and life-long friend.

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