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Litigator's Duty of Reasonable Inquiry in Rule 26(g)(3): Guiding a Client Through Discovery

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Monday, April 3, 2023

Recorded event now available

or call 1-800-926-7926

This CLE course will discuss how counsel can objectively satisfy the Fed. R. Civ. P. 26(g) duty to make reasonable inquiry into the client's discovery responses and thereby certify that the client has met its discovery obligations. The program will review what being "actively involved in discovery" means, as a practical matter; what it means to "follow up and validate;" and counsel's options if it cannot make the Fed. R. Civ. P. 26(g) certification.


Bad things can and often do happen when lawyers over delegate e-discovery responsibility to their clients or vendors. Courts continue to express concern and exasperation over the conduct of counsel and parties in discovery and their failure to meet their affirmative obligations to make reasonable efforts to find discoverable material and that discovery responses were complete and correct when made.

It can be difficult for counsel to draw bright-line distinctions between acceptable and unacceptable conduct in preserving information and in conducting discovery, but counsel is not without guidance.

This panel will provide concrete examples of the oft-given advice that counsel should be "actively involved" in discovery and then follow up and validate processes. The program will discuss the role and content of checklists and how to establish that counsel took those affirmative steps. The panel will also discuss key case law in this area.

Listen as this panel of experienced e-discovery attorneys and litigators demonstrates what counsel must do to meet the duty of reasonable inquiry.



  1. Counsel's duty to supervise client discovery
  2. Strategies for staying actively involved in discovery
  3. Strategies for validating client's searches and productions
  4. Strategies for when client performance falls short


The panel will review these and other key issues:

  • Why do lawyers and parties continue to struggle with managing discovery?
  • What is "knowledge, information, and belief formed after a reasonable inquiry"?
  • What have courts identified as less than reasonable inquiry into a client's discovery undertakings and what are the possible consequences, including sanctions?
  • How can counsel overcome client objections to their involvement in discovery?


Losey, Ralph
Ralph Losey

Attorney Partner

Mr. Losey has over forty years of experience representing companies and individuals in information technology issues,...  |  Read More

Rosenthal, John
John J. Rosenthal

Winston & Strawn

With nearly 30 years of trial experience, Mr. Rosenthal litigates complex commercial, antitrust and false advertising...  |  Read More

Sutherland, Jennifer
Jennifer Sutherland

Gilman & Bedigian

Ms. Sutherland is a former Chief Solicitor with the Baltimore City Office of Law and partner associated with several...  |  Read More

Tadler, Ariana
Ariana J. Tadler

Founder & Managing Partner
Tadler Law

Ms. Tadler s the founding partner of Tadler Law LLP, a WBENC-certified, women-owned boutique law firm that offers an...  |  Read More

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