Rules

“ESI Protocol” v. “Discovery Plan”

“ESI Protocols” are discussed in judicial opinions, articles, webinars, and blogs.  They are flexible and useful; however, they may not meet all of the requirements of Fed.R.Civ.P. 26(f).  After a Rule 26(f) conference, that Rule requires a...

Procedures to Avoid, and Promptly Resolve, Discovery Disputes in the District of Maryland

Proposed A.I. Rule in Eastern District of Michigan

Danielle Ferguson reports in Detroit Federal Courts Propose AI Disclosure Rule – Law360 (Dec. 8, 2023), that: “The Eastern District of Michigan published a proposed rule Friday that would require lawyers to disclose any time they use...

Are We Choking the Golden Goose? The Chilling Effect of Overbroad Rules and Ethics Opinions on the Use of Generative AI

The Fifth Circuit’s proposal to require a certification on the use of AI in its certificate of compliance was noticed in mid-November and is accepting public comment on the proposal through Jan. 4. What has prompted this...

What is Double Spacing?

A federal court had to define double-spacing.  It apparently wasn’t happy about it.  See Debra C. Weiss, Ruling in double-spacing kerfuffle, federal judge observes lawyers don’t need ‘more words on a page’ (abajournal.com) (Nov. 29, 2023). The dispute reminds me...

Should Courts Use Standing Orders or Local Rules to Address A.I.?

Some courts have issued Standing Orders governing the use of A.I.  Another viewpoint is that a better approach is to use Local Rules.  See Shweta Watwe, Judges Reflect on GenAI Use One Year After ChatGPT’s Debut (bloomberglaw.com)(Nov. 28, 2023).  This...

Maryland Amends Ethics Rule 4.4(c)

The Supreme Court of Maryland has amended Maryland Attorneys’ Rule of Professional Conduct 19-304.4(c) (Rule 4.4(c)).  Maryland’s new rule prohibits an attorney from seeking privileged information from a third person.  If such information is disclosed to the attorney, the...

Maryland’s Proposed Rule 5-702