CLE - Ethics and eDiscovery

Austin Hagen

Vice President, Operations
austin.hagen@proteusdiscovery.com

Austin leads the client services team, overseeing the strategy and execution of forensics, ESI hosting, and managed review. His 15 years of eDiscovery experience include project management, training, and consulting. Austin is responsible for process creation and documentation, workflow automation, and ensuring Proteus’ growth is geared to maintain the white-glove service Proteus clients have come to expect.

B.S., Computer Systems, University of Wisconsin-Superior, 2005
Brainspace Certified Analyst
Brainspace Certified Specialist
Reveal Review
Reveal Administrator
Relativity Analytics Specialist
‍Relativity Review Management Specialist
Relativity Certified Administrator (RCA)
Relativity Expert

Ryan Rieff

Director, eDiscovery Services
ryan.rieff@proteusdiscovery.com

Ryan leads our core eDiscovery services, including ESI processing, productions, and database administration. He is a Relativity Master, a feat achieved by only about 250 of Relativity's 250,000 global users.

Prior to joining Proteus, he worked as a document review attorney, becoming proficient in platforms including Relativity, Viewpoint, and Nuix and working extensively in first pass, QC, and privilege reviews.

B.A., History, Indiana University, 2007
J.D., Indiana University Robert H. McKinney School of Law, 2015
Relativity Review Management Specialist
RelativityOne Certified Pro (ROCP)
Relativity Certified Administrator (RCA)
Relativity Master

Gary Smith

Senior Project Manager
gary.smith@proteusdiscovery.com

Scott Collins

Senior Project Manager
scott.collins@proteusdiscovery.com

Scott has honed his eDiscovery skills while managing projects at Proteus since 2015. Prior to joining the team, he was a document review attorney with Black Letter Discovery, and a staff attorney in Barnes & Thornburg LLP’s litigation department from 2012 to 2014. Scott has also worked as a law clerk and associate attorney for other Indianapolis-area firms practicing in the areas of personal injury, criminal defense, family law, and property law.

Scott’s practice involves regular management and delivery of eDiscovery and Information Governance services to a wide variety of local, regional, and national clients. He enjoys serving as an intermediary between clients, outside counsel, eDiscovery vendors, and document review teams. For over five years, Scott has engaged in various high-profile document review projects, including as a first line reviewer, a QC reviewer, a team leader, and a project manager. He has worked on projects ranging from medical device litigation for a Fortune 100 subsidiary to contract litigation for a multinational chemical corporation.

B.A., Mass Communications and History, Anderson University, 1999
J.D., Indiana University Robert H. McKinney School of Law, 2010
RelativityOne Certified Pro (ROCP)

Sarah Barth

Senior Project Manager
sarah.barth@proteusdiscovery.com

Sarah draws on a decade of legal experience to help her clients navigate large-scale discovery matters. She brings her affinity for detail-oriented work to each stage of the process, leveraging her background as first pass reviewer, quality control reviewer, compliance counsel, project attorney, and project manager to ensure her clients' needs are translated and implemented throughout the project lifecycle.

Prior to joining Proteus, Sarah's background included facilitating large commercial real estate transactions, global enterprise regulatory compliance, and class action settlement administration.

B.A., Social Sciences, Washington State University, 2010
J.D., Environmental and Natural Law Certificate, University of Denver Sturm College of Law, 2013

Sarah Whitney

Project Manager
sarah.whitney@proteusdiscovery.com

B.A., International Studies, Bradley University, 2008
J.D., Western Michigan University Cooley Law School, 2012

Darryl Durham

Associate Project Manager
darryl.durham@proteusdiscovery.com

B.A., Journalism, Columbia College Chicago, 1982

Travis Morgenstern

Associate Project Manager
‍travis.morgenstern@proteusdiscovery.com

B.A., Business Administration, Fort Hays State University, 2022

Ryan Short

Vice President, Revenue
ryan.short@proteusdiscovery.com

Ryan leads business development and consults with clients to design engagements that are right-sized with respect to services, software, and cost. He is a Certified eDiscovery Specialist and holds certifications from multiple hosting and review platforms.

He also leads commercialization efforts for DiscoveryMaster, a Relativity integration developed by the Proteus leadership team, now licensed to law firms, managed services providers, consulting firms, and corporate legal teams across the globe.

B.A., Telecommunications, Indiana University, 2011
M.B.A., Kelley School of Business, Indiana University, 2020
Certified eDiscovery Specialist (CEDS)
Relativity Certified Sales Professional
Reveal Sales Certified
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Navigating the Ethics of Modern Data

In today’s digital-first world, attorneys are inundated with electronic data, like emails, short message data, social media content, collaborative platforms like Teams and Slack, and more. Managing this deluge of electronically stored information (ESI) isn’t just a matter of best practices, it has become a matter of ethics.

“Ethics and eDiscovery: A Love Story” is a CLE program that explores the vital intersection of legal ethics and the complex world of ESI. This course is designed for all attorneys, regardless of practice area or seniority, and provides practical guidance on avoiding the ethical pitfalls that can arise during discovery, data management, and client representation in the digital age.

Why Ethics and eDiscovery Matters

From metadata to mobile devices, today’s legal practice is inseparable from digital evidence. Yet, many attorneys still lack the technological sophistication necessary to meet their ethical obligations under Model Rule 1.1 (Competence) and Rule 1.6 (Confidentiality). Missteps in handling ESI can trigger sanctions, damage reputations, and jeopardize client outcomes.

With courts expecting lawyers to preserve, identify, and produce digital data competently (and to supervise all actors involved in that process), failing to understand the ethical implications of ESI is no longer an option. Ethical lapses around ESI can and do lead to adverse inferences, dismissed claims, and even professional discipline

Course Overview

This 60-minute course takes a serious but approachable look at:

• Core ethical rules as applied to ESI (Rules 1.1, 1.6, 3.3, 3.4, 4.4, 5.1, and 5.3)
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•  What “competence” means in the context of modern discovery
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•  Ethical obligations around identification, preservation, and  spoliation of digital data
•   Metadata concerns and privilege review pitfalls
•  Social media and short message data (SMS, Slack, Teams) in litigation

•  The duty to supervise non-lawyer consultants and vendors

• Recent case law where ethical failures led to sanctions, adverse inferences, and even disbarment

Whether you’re supervising a litigation support team or sending a quick discovery email, the choices you make with ESI can have lasting ethical consequences.

Real-World Lessons

We don’t just talk theory. This course is packed with real cases where ethical missteps around ESI led to serious fallout, including:

• Sanctions for social media spoliation despite no lawsuit being filed yet
• Attorneys failing to supervise vendors who mishandled data filtering, leading to multi-million dollar penalties
• Misuse of Facebook friend requests during investigations triggering disciplinary review
• Failing to preserve metadata in screenshots that caused courts to exclude key evidence
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These examples underscore the high stakes of getting ESI ethics wrong – and how to avoid repeating those mistakes.

Who Should Take This Course?

Every licensed attorney. Seriously.

Ethics credits are required in nearly every jurisdiction, and this course is relevant for:

• Litigators who deal directly with discovery and trial
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• In-house counsel overseeing compliance and vendor relationships

• Transactional attorneys handling client documents and metadata

• Law firm partners and managers who supervise junior attorneys or vendors

• Paralegals and litigation support professionals seeking to understand the ethical landscape

We already know your work intersects with data, and this CLE will enhance your understanding and compliance.

Stay Ahead of the Curve

The legal landscape isn’t static. As new technologies and platforms emerge, so do new ethical challenges. Judges and regulators are no longer tolerant of ignorance when it comes to ESI—attorneys are expected to “get it.”

By taking this CLE, you are checking your ethics “box”, but more importantly, you’re investing in your ability to confidently lead, advise, and protect your clients in a digital world. Founded by practicing litigators, in this CLE, Proteus offers an insider’s perspective on how to meet these challenges with clarity and competence.