Professors Monroe Freedman, Andrew Perlman, and a slew of judges and other experts participated at Mercer Law School’s symposium on ethical issues in the digital age, and the transcript is available on line, here. I urge you to read especially Professor Freedman’s opening remarks, “Whatever happened to the search for the truth?”
Here is the introduction (sans links):
On November 6-7, 2008, the Center for Legal Ethics and Professionalism and the Mercer Law Review hosted the Ninth Annual Georgia Symposium on Professionalism and Ethics. The title of the symposium was â€œEthics and Professionalism in the Digital Age.â€ The Mercer Law Review will be publishing transcripts of all the sessions and related papers prepared by the participants. Video of the events is available for viewing by clicking on the links below. For a listing of all speakers and their biographies, click here.
The annual symposia on professionalism and ethics are funded by an endowment created by order of the Honorable Hugh Lawson, United States District Judge for the Middle District of Georgia. The order settled allegations of litigation misconduct in exchange for payments that fund the symposia and funded the creation of academic chairs devoted to ethics and professionalism at the Walter F. George School of Law of Mercer University, the University of Georgia School of Law, the Georgia State University School of Law, and the Emory University School of Law.
This yearâ€™s symposium began with a dinner on the evening of November 6 at the Cox Capitol Theatre in downtown Macon. Professor Monroe Freedman delivered the keynote address, entitled â€œWhatever Happened to the Search for Truth?â€ To see Professor Freedmanâ€™s speech, click here.
The next morning, there were two panel discussions related to issues of ethics and professionalism in e-discovery. In the first panel, Jason R. Baron, the Director of Litigation for the National Archives and Records Administration, presented his paper on â€œE-Discovery and the Problem of Asymmetric Knowledge.â€ To see a written version of Mr. Baron’s remarks, click here. The two responders to Mr. Baronâ€™s presentation were Chilton Varner, a partner at King & Spalding in Atlanta, and The Honorable John M. Facciola, United States Magistrate Judge for the District of Columbia. To see the first panel discussion, click here.
The second panel discussion began with a presentation by Ralph C. Losey, a Shareholder at Akerman Senterfitt in Orlando, Florida. Mr. Losey spoke on â€œThe Wicked Quadrant â€“ A Theoretical Construct to Understand Unethical Behavior in E-Discovery.â€ The responders to Mr. Loseyâ€™s presentation were William F. Hamilton, a partner at Holland & Knight in Tampa, Florida, and The Honorable David A. Baker, United States Magistrate Judge for the Middle District of Florida. To see the second panel discussion, click here.
In the afternoon, there were two additional panel discussions. The first concerned the internet and lawyer marketing. Jack Sammons, Griffin Bell Professor of Law at the Walter F. George School of Law at Mercer, moderated a panel discussion that included Paula J. Frederick, Deputy General Counsel of the State Bar of Georgia, Diane L. Karpman of Karpman & Associates in Beverly Hills, California, and Micah Buchdahl, President of HTMLawyers, Inc. in Moorestown, New Jersey. To see the third panel discussion, click here.
The final panel discussion of the day concerned the special issues of ethics and professionalism that surround the use of metadata. Professor David Hricik of Mercer conducted the discussion, with Professor Andrew Perlman of Suffolk Law School in Boston and Carolyn Southerland, Managing Director of the Huron Consulting Group in Houston, as his panelists. To see the last panel discussion, click here.