Moving boldly where no legal malpractice warning has been heard before, this blog blurb argues that failure to have adequate e-discovery professionals may constitute legal malpractice. 

 "The ability to spot the cases when meta data may be recovered is an important skill for any practitioner. The more important skill, however, is the ability to know how to use the electronic discovery means once identified. It is wise to use an attorney experienced in electronic discovery and meta data mining when faced with such a case. “Because of their ubiquitous nature, documents stored in electronic form…should be specifically targeted by counsel in developing their discovery plans. Failing to do so may not only prejudice their case, but may also constitute malpractice.” CEB California Discovery Practice 3rd Ed Vol. 2, §8.24 p. 711 (1998). It is the duty of every advocate to have a sufficient level of knowledge regarding electronic discovery and meta data, or to at least associate with counsel who does. Failure to understand the importance and usefulness of meta data and electronic discovery in general may lead to undesirable consequences. "  The entireblurb.