Discovery Strategy

The High Court discovery rules place greater obligations on lawyers and require more upfront work, at the outset of the matter, to plan the most effective approach.

We can provide strategic advice at an early stage to help you prepare and simplify the discovery process. We can help you prepare for the first Case Management Conference and gain a strategic advantage in your discussions with opposing counsel.

spending an hour or so at the outset can provide considerable value as the matter progresses

Investing the time at the outset can have considerable cost savings down the track – even on the smallest of matters, spending an hour or so at the outset can provide considerable value as the matter progresses. We can assist you to devise a strategy that suits the requirements of the matter to help you manage discovery efficiently and cost effectively.

We can assist with your discovery strategy by:

  • Liaising with your client to identify document sources and volumes
    • Devising questionnaires and checklists for law firms to work through with their clients IT to ascertain sources of information and devise an approach to manage the information
  • Assisting with the preparation of discovery costs, budgets and timelines.
    • Understanding the costs involved in the approach, including costs of different strategies as well as the costs involved for each eDiscovery software and provider
    • Assessing and predicting costs involved to substantiate proportionality claims in preparation for the first Case Management Conference
  • Preparing for the first Case Management Conference and engaging with other parties to address the mandatory Discovery Checklist
  • Devising the most suitable ECA, search and review strategies, including preparing effective keyword search terms and deploying technology assisted review techniques like Predictive Coding
  • Complying with the requirements of the listing and exchange protocol
    • Modifying the protocol to suit your case
    • Identifying any pitfalls and unnecessary practices (e.g. removing the expensive manual document listing)
    • Ensuring you can work with the documents you receive from other parties

Find out more about our services.