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This focus on the cloud came to a head in the 2014 Brown v. While the bar likely took those learnings to heart, adapting to (and learning about) cloud storage solutions as they existed in 2014, recent developments in cloud architecture and record keeping may warrant a “return to class” for litigators as well as attorneys generally.
“Professed technological incompetence is not an excuse for discovery misconduct” is not a court holding you want to see (James v. CV 8931-VCL, 2014 WL 6845560 (Del. 5, 2014)). In today’s legal profession, lawyers must be technologically competent. This is reinforced by ABA Model Rule of Professional Conduct 1.1
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