Ethical Concerns of Conducting Research Via the Open Web - W

We all do it - to check out movie times, to shop, to update our stock portfolio and more. In short, we all use Google™ or Bing™ or some other engine to search the Open Web - it has become a part of our personal lives. But what about the work we do as legal professionals? Should we be using the Open Web to conduct research? Many of us do. In fact, according to the recent ABA Legal Technology Survey Report (Volume V: Online Research), well over ninety percent of researchers use "free online resources" for their research, and many of those practitioners actually start their research with such resources, most often via Googleÿ.

But what are the risks? And does reliance on such resources - with respect to both investigative and legal research - place practitioners at risk of violating ethical canons? Worse yet, is malpractice implicated?

Speaker: David V. Dilenschneider, Esq., Senior Director of Client Relations for LexisNexis.
David is a nationally-known speaker who has conducted over 2,700 presentations to tens of thousands of attendees in cities across the country - including presentations to almost every firm in the NLJ 250. David has also presented at numerous programs offered by the National Institute for Trial Advocacy ("NITA") and has served as a speaker or moderator at prominent legal-education conferences (e.g. HB Litigation Conferences, the Litigation Technology Summit, the Legal Computing Summit, LegalWorks and The American Association of Law Libraries), at bar association meetings (e.g. California, Colorado, New Mexico, Louisiana, etc.), and at law schools (e.g. Harvard, Stanford, Northwestern, etc.).

Internationally, David spoke on the topic of the Democratization of Knowledge and the Role of Electronic Legal Research at a conference held at the National Law University, Delhi (India). In addition to his speaking engagements, David writes frequently about the utilization of electronic resources in the practice of today's litigator. He has co-authored an extensive article about docket utilization for Law360. In addition, he co-authored a chapter ("Selecting and Retaining an Expert") in Litigators on Experts: Strategies on Managing Expert Witnesses from Retention through Trial (published by the ABA) and has authored (or co-authored) articles published in ALM's The Corporate Counselor, ALM's Legal Tech Newsletter, BNA's Expert Evidence Report, in Expert Alert (a publication of the ABA Section of Litigation Expert Witness Committee), at the Expert Witness Committee's website, in The Metropolitan Corporate Counsel, and in the Los Angeles Daily Journal. He is also a co-author of a White Paper titled "Finding and Researching Experts and Their Testimony" (revised in November 2014 and available at, portions of which have been republished elsewhere). David received his B.A. (cum laude) from the University of Notre Dame and his J.D. from The Ohio State University College of Law.

Prior to joining LexisNexis, David was a litigator for six years with Vorys, Sater, Seymour and Pease LLP in Columbus, Ohio.
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