The NZ E-Discovery Blog  Facilitating proportionate and efficient e-discovery

Workshop provides a grounding on eDiscovery Basics

February 10th, 2015

We have designed an ‘eDiscovery 101 – Back to Basics’ workshop prior to the New Zealand Law and Technology Conference. The workshop has been tailored to provide the necessary grounding in the practical requirements of the eDiscovery process. The workshop will be an ideal starting point, or refresher session prior to exploring the wider issues […]

Read more...

Managing eDiscovery more efficiently

January 7th, 2015

The exponential growth in the sources and volumes of electronic information is making the discovery process more challenging. There is a greater intersection between the law and technology with eDiscovery an unavoidable part of any litigation or investigation. For some eDiscovery has simply meant turning documents into an electronic format. Managing electronic information in the […]

Read more...

Why are we still manually listing documents?

October 29th, 2014

Spending considerable time and effort constructing a manual list of documents adds unnecessary expense and burden to the discovery process. A recent article of mine in LawTalk highlighted how removing the requirement to manually list documents can reduce the considerable cost and burden of the discovery process. Most documents these days do not need to […]

Read more...

EDT promote a fresh approach to eDiscovery

July 29th, 2014

Last week I facilitated the EDT lunch forum in Auckland that also launched their New Zealand eDiscovery hosting services. There was an excellent turnout with a mix of law firms, regulators and the presence of New Zealand’s leading technology Judge – His Honour Judge Harvey. Like the lunch forums EDT ran last year, this year […]

Read more...

Investing time developing a discovery strategy

June 11th, 2014

Today’s rapidly increasing data volumes require a greater investment in time planning ahead developing a discovery strategy, ensuring you and your client has a smoother and less expensive discovery process. LawTalk has recently published an article of mine The importance of investing time in developing a discovery strategy (A link to the article can be found here). The […]

Read more...

Don’t Press Print !

June 6th, 2014

One of the common issues that we still come across is law firms with clients that still insist on printing out electronic information. Printing documents that already exist in an electronic format is adding considerable (and unnecessary) burden and expense to the discovery process. In this day in age where almost all documents originate in […]

Read more...

eDiscovery software talking to each other

April 23rd, 2014

Many firms stay with eDiscovery products or adopt the same software as the opposing party, solely because they believe other products ‘don’t talk to each other’. This couldn’t be further from the truth as all the leading electronic discovery products now talk to each other with data being able to be migrated from one system to […]

Read more...

LegalTech – World’s largest legal technology event

April 9th, 2014

With technology evolving at an alarming rate it is increasingly important to continue to develop knowledge in an area of the law where the technology and practices are constantly evolving. Recently, LawTalk published an article of mine World’s largest legal technology event (a link to the article can be found here). The article detailed my visit back in […]

Read more...

Overview of the 2nd Annual New Zealand eDiscovery Conference

March 25th, 2014

On Wednesday 19th of March, E-Discovery Consulting and EY welcomed over 100 participants from the New Zealand legal fraternity to the 2nd Annual New Zealand eDiscovery Conference. The event attracted senior lawyers, barristers, in-house legal counsel, government departments and regulators – most organisations involved in litigation were represented in some capacity. The Conference has now […]

Read more...

Two days away from the New Zealand eDiscovery Conference

March 17th, 2014

There are only limited tickets available for the 2nd Annual New Zealand eDiscovery Conference being held at the Stamford Plaza in Auckland this Wednesday.    The 2014 event will build on the success of the inaugural event in 2013 which attracted over 100 participants. The conference has now developed into New Zealand’s leading eDiscovery and […]

Read more...

One week away from the New Zealand eDiscovery Conference

March 12th, 2014

We are now less than one week away from the 2nd Annual New Zealand eDiscovery Conference. The event is being held in Auckland at the Stamford Plaza on the 19th of March.  The event will provide an awareness of the evolving issues and complexities in managing electronic information, and importantly, provide delegates with a practical […]

Read more...

Final programme confirmed for the New Zealand eDiscovery Conference

March 6th, 2014

The final programme with all the confirmed speakers has been finalised for the 2nd Annual New Zealand eDiscovery Conference. The conference is taking place in Auckland at the Stamford Plaza on the 19th of March. Many law firms, barristers, corporate organisations and government agencies have already registered with many of the organisations involved in litigation […]

Read more...

A New Zealand Predictive Coding success story

February 20th, 2014

Australian litigation Support provider Law in Order recently published a case study about how Predictive Coding, using kCura’s Relativity Assisted Review was successfully used on a large New Zealand litigation.  The Law In Order case study can be found here. The matter in the case study was one where I was engaged by the global corporate client […]

Read more...

Predictive Coding – facilitating a proportionate eDiscovery process

February 14th, 2014

Practicing law today has simply become too expensive to ‘eye ball’ every document. We need new practices to respond to these challenges to enable lawyers to get to the key documents quickly and cost effectively. The rapid growth of electronic information is substantially increasing the cost of litigation and at the same time brings greater […]

Read more...

Early Bird discount closing soon for 2nd Annual New Zealand eDiscovery Conference

February 13th, 2014

The Early Bird discount for the 2nd Annual New Zealand eDiscovery Conference is closing on the 19th of February. Many law firms, barristers, corporate organisations and government departments have already registered to take advantage of the discounted rates. Most organisations involved in litigation are represented in some capacity. The 2nd Annual New Zealand eDiscovery Conference […]

Read more...

Tom Gelbmann to deliver International keynote at the 2nd Annual New Zealand eDiscovery Conference

February 12th, 2014

Internationally renowned eDiscovery expert Tom Gelbmann of Gelbmann & Associates, LLC will be delivering an International Keynote session at the 2nd Annual New Zealand eDiscovery Conference. The Conference is taking place at the Stamford Plaza in Auckland on Wednesday the 19th of March 2014. Tom Gelbmann is the principal of Gelbmann & Associates, LLC, a consulting […]

Read more...

Building on the success of the inaugural New Zealand eDiscovery Conference

January 21st, 2014

The 2nd Annual New Zealand eDiscovery Conference will build on the success of the inaugural Managing eDiscovery in New Zealand conference held in February 2013. The conference is presented by E-Discovery Consulting and EY, taking place at the Stamford Plaza in Auckland on the 19th of March 2014. The inaugural event attracted over 100 participants […]

Read more...

Save the date – 2nd Annual New Zealand eDiscovery Conference – 19 March 2014

November 8th, 2013

E-Discovery Consulting and Ernst & Young have again joined forces to present the 2nd Annual New Zealand eDiscovery Conference. The Conference is taking place at the Stamford Plaza in Auckland on Wednesday the 19th of March 2014. The event will build on from the success of the inaugural New Zealand eDiscovery Conference earlier in 2013 […]

Read more...

New Continuing Professional Development obligations for lawyers

October 2nd, 2013

The New Zealand Law Society has introduced new rules requiring lawyers to undertake a mandatory Continuing Professional Development (CPD) programme. These rules require lawyers to plan and undertake at least 10 hours of CPD activities each year. The first full CPD year commences on 1 April 2014, although a 6 month transitional period commenced on […]

Read more...

Reducing the reliance on traditional paper based discovery methods

September 19th, 2013

In today’s digital world almost all information is generated electronically, but many still rely on traditional paper based discovery methods. This reliance on a paper based approach will only add significant burden and cost to the discovery process. Traditional practices are becoming unsustainable  Many traditional practices can lead to avoidable expense. Managing electronic documents in […]

Read more...

Reinforcing the requirements of the discovery checklist

August 29th, 2013

A discovery checklist was introduced as part of the new discovery rules that came into force in New Zealand in February 2012. Parties must now address a discovery checklist on all matters and then discuss the issues raised with the other parties to agree the scope and practical arrangements for conducting discovery. The checklist provides […]

Read more...

EDT lunch forums promote best practices and raises awareness

August 13th, 2013

Legal software provider EDT hosted a series of lunch forums last week in New Zealand to discuss issues and trends relating to eDiscovery and legal technology and help raise the awareness in the industry. Forums were held in Auckland, Wellington and Christchurch with invited guests from the industry, including representatives from law firms, corporations, regulators […]

Read more...

EDT to host New Zealand lunch forums

July 26th, 2013

EDT is holding a series of lunch forums next month in New Zealand. The forums are to discuss the impacts and opportunities presented by emerging technology trends and the likely ramifications of our new discovery rules.  The purpose of this event is to canvass the views regarding the needs of New Zealand law firms and […]

Read more...

The importance of discussing the electronic exchange format

July 4th, 2013

The importance of discussing the electronic exchange format with the other parties at an early stage cannot be underestimated. The Discovery Checklist (which was introduced as part of the new discovery rules in New Zealand in February 2012), expects parties to discuss the format for the listing and exchange of documents, on all matters. There […]

Read more...

Adopting logical document numbering

May 8th, 2013

Something that has puzzled me for many years with discovery exercises is parties that make their document numbering so unnecessarily long. This was highlighted to me again recently when I was involved in a small matter where the parties used 9 and 10 characters respectively for their document numbering. To illustrate how superfluous this was, […]

Read more...

Raising awareness of electronic discovery

April 18th, 2013

As published in LawTalk, issue 816, 12 April 2013 NEW ZEALAND’S INAUGURAL eDiscovery Conference attracted over 100 participants from across New Zea­land’s legal fraternity, including senior lawyers, barristers, in-house legal counsel as well as electronic discovery service providers. The event, held in Auckland on 13 February, was organised by Ernst & Young and E-Discovery Consulting. […]

Read more...

Managing information electronically

April 3rd, 2013

It has now been over 12 months since the new discovery rules commenced in New Zealand, but it is apparent that many may not be realising the full potential of the rules. One observation I have found is there are a number of people that are not managing their information electronically. Many are still carrying […]

Read more...

New Zealand eDiscovery Conference – an overview

March 1st, 2013

On Wednesday 13th of February, New Zealand’s inaugural eDiscovery Conference took place at the Stamford Plaza in Auckland. The event was organised by Ernst & Young and my company E-Discovery Consulting, as we joined forces to assist in raising the awareness of eDiscovery in New Zealand. The conference was a one day event specifically designed […]

Read more...

New Zealand eDiscovery Conference – see who is coming

February 11th, 2013

Registrations are still coming in just a couple of days out from New Zealand’s inaugural eDiscovery Conference. The event is being held in Auckland at the Stamford Plaza this coming Wednesday (13th of February). At last count we had over 90 attendees for the event. Firms attending include – Anderson Creagh Lai, Anderson Lloyd, Anthony […]

Read more...

New Zealand eDiscovery Conference – one week to go

February 7th, 2013

We are now less than a week away from New Zealand’s inaugural eDiscovery Conference. The Managing eDiscovery in New Zealand Conference is presented by Ernst & Young and E-Discovery Consulting. The event is being held in Auckland at the Stamford Plaza on Wednesday the 13th of February.  The conference is specifically designed to look at […]

Read more...

New Zealand eDiscovery Conference – Symantec confirmed as a sponsor

February 1st, 2013

Symantec has been confirmed as a sponsor for the Managing eDiscovery in New Zealand Conference. The Conference is being held at the Stamford Plaza in Auckland on the Wednesday the 13th of February 2013. Symantec Enterprise Vault in conjunction with the Clearwell eDiscovery platform are the leading and most comprehensive archiving and eDiscovery solutions on […]

Read more...

Understanding the practical impact of the High Court Discovery Rules 12 months on

January 30th, 2013

Electronic discovery in New Zealand has grown significantly over the last year and there is a clear need for an event which allows NZ practitioners to develop their knowledge of this evolving area. Ernst & Young and E-Discovery Consulting have joined forces to present the Managing eDiscovery in New Zealand Conference. The conference is taking […]

Read more...

Managing eDiscovery in New Zealand Conference – 13 February 2013

December 14th, 2012

Ernst & Young and E-Discovery Consulting have joined forces to present the Managing eDiscovery in New Zealand Conference. The Conference is taking place at the Stamford Plaza in Auckland on Wednesday the 13th of February 2013. Understanding the practical impact of the High Court Discovery Rules 12 months on Electronic discovery in New Zealand has […]

Read more...

E-Discovery presents challenges and requires new skills

November 28th, 2012

Electronic discovery has often been a process that is unfamiliar to many involved in litigation. E-discovery requires new skills and a greater appreciation of technology than was previously required in a traditional paper dominated discovery world. In today’s digital world the increasing sources and volumes of electronic information is making the discovery process more challenging. There […]

Read more...

Finding the right e-discovery software

October 29th, 2012

As published in LawTalk, issue 807, 26 October 2012 E-discovery software is becoming an essential part of any litigator’s toolkit. Deploying suitable software will be an advantage for anyone tackling discovery under the new court rules. E-discovery software has matured from the days when it was primarily designed to handle scanned documents, but this brings many […]

Read more...

Keyword searching – is there a better option?

October 4th, 2012

Over the last few years there has been a lot written about the (in)effectiveness of keyword searching as an approach to targeting important information. Many have focussed on the problems of keywords to justify the need to move toward more sophisticated approaches like Predictive Coding. Last week, the NZ Lawyer magazine published an article of […]

Read more...

E-Discovery seminar promotes the importance of cooperation and proportionality

September 7th, 2012

The importance of proportionality and cooperation were key messages to come from the Auckland District Law Society’s seminar on E-Discovery which I spoke at last week. Joining me as speakers at the seminar were Judge David Harvey and Kiri Harkess from McElroys. The seminar was designed to look at the basics of E-Discovery, but also […]

Read more...

Keeping track of the Jackson Reforms

August 21st, 2012

The new Jackson reforms are due to commence in the UK in April 2013. Over recent weeks we have seen a number of interesting articles commenting on the new reforms and in particular the impact on the disclosure process (discovery for the rest of us in the world). The first articles to catch my eye […]

Read more...

Launch of new E-Discovery CPD Seminars

August 9th, 2012

E-Discovery Consulting has launched a programme of CPD seminars on electronic discovery and legal technology. The aim of the CLE seminars is to provide all those involved in litigation the opportunity to be better prepared and informed to tackle electronic discovery. Further information about the CPD seminars can be found on here. E-Discovery requires new […]

Read more...

A day in the life of an E-Discovery Consultant

July 11th, 2012

As published in LawTalk, issue 799, 6 July 2012 Over recent years there has been an exponential growth in both the volume and sources of electronic information. Nearly all information now originates in electronic form. This has complicated the discovery process as it has created many new challenges for lawyers. Managing electronic information in the […]

Read more...

New resource for the new discovery rules

June 27th, 2012

‘Due to public demand’ I have created a dedicated page on our website consolidating all of the new New Zealand discovery rules. The page contains links to all the rules relating to discovery as well as direct reference to the practical requirements of the Discovery Checklist and the Listing and Exchange Protocol. The page can […]

Read more...

A busy few weeks in e-discovery

May 23rd, 2012

It has been a busy time of late in the e-discovery space in New Zealand. An unfortunate result of which is that I have somewhat neglected my blog over the last couple of weeks, which I only realised when a couple of my readers contacted me directly about when I am posting my next blog […]

Read more...

AccessData visit NZ to promote the new Summation

May 2nd, 2012

AccessData are continuing their worldwide ReDiscover Summation roadshow this week with sessions in both Auckland and Wellington. The seminars will provide an opportunity for AccessData to showcase the redesign of Summation to existing clients and potential new clients. The session will be led by Kate Paslin who is Assistant General Counsel for AccessData. I have […]

Read more...

Chilli IQ’s E-Discovery Summit – Raising the awareness of electronic discovery

May 1st, 2012

Providing education to raise the awareness of electronic discovery is essential to assist navigate the challenges of electronic information both efficiently and cost effectively. Chilli IQ’s 6th Information Management & E-Discovery Summit is one of very few events in Australasia that is designed to help those in the industry expand their knowledge about dealing with […]

Read more...

A Judicial Commentary on New Zealand’s New Discovery Rules

April 19th, 2012

This week His Honour Judge David Harvey has written an article which summarises New Zealand’s New Discovery Rules and also provides a practical insight of how technology can be used through the discovery process. The article called New Zealand’s New Discovery Rules and Electronic Discovery was published by the Society for Computers and Law (from the […]

Read more...

Embracing an Electronic Documents Questionnaire

April 12th, 2012

Recently I have pointed clients in the direction of the UK Electronic Documents Questionnaire to assist them undertake discovery under the new NZ court rules. Tools from other jurisdictions (like the Electronic Documents Questionnaire), can provide good practical guidance for parties to tackle discovery more proportionately and cost effectively under the new e-discovery rules. With […]

Read more...

Raising the awareness of electronic discovery

March 30th, 2012

Raising the awareness of electronic discovery has become something of a mission of mine of late. Electronic discovery is an area that continues to evolve with new challenges arising, as well as new solutions developing – it is just a matter of sharing this knowledge. Historically in New Zealand there were not any court rules […]

Read more...

LegalTech New York 2012 – a NZ perspective

February 24th, 2012

The 2012 edition of LegalTech in New York yet again proved to be an opportunity that could not be missed for anyone in the ediscovery industry. Since it has been a couple of weeks since LegalTech (and having time to catch up on my ‘day job’), I thought I would put together a short post […]

Read more...

Growing litigation support options in NZ

February 9th, 2012

A common concern that I have heard of late is that there are not enough litigation support options available in New Zealand. Fortunately this is not the case, as it has never been a more important time to have litigation support options available since the new electronic discovery rules commenced on 1 February. Over the […]

Read more...

New discovery rules – being more informed at an earlier stage

January 20th, 2012

We are now only a couple of weeks away from the new discovery rules commencing in New Zealand on the 1st of February. Currently I am busy assisting firms prepare to comply with the new requirements. One point I have been highlighting is those parties that are more informed about their information at an earlier […]

Read more...

Lord Justice Jackson: “New Zealand is ahead of us”

December 1st, 2011

“New Zealand is ahead of us” maybe a commendable headline, but it is important to put Lord Justice Jackson’s comment into context. Lord Justice Jackson made this comment last week in a speech about ‘Controlling the Costs of Disclosure’. A full copy of the speech is available on the Judiciary of England and Wales website. […]

Read more...

Continuing to promote the new discovery rules

November 22nd, 2011

I continue my ‘mission’ to try and raise the awareness of the new discovery rules, with the commencement just around the corner on 1 February 2012. The Law Society helpfully published an article of mine in their Law Talk magazine last week entitled “Promoting the new discovery rules”. A link to the full article can […]

Read more...

Providing technology options for small matters

November 15th, 2011

A common misconception by many in the legal profession is that technology is always expensive and only suitable for large matters.  This does not have to be the case, as there are eDiscovery solutions available for smaller matters that do not need to cost the earth. ‘We do not have large volume matters…’ Since the NZ […]

Read more...

NZ Law Society seminars: Judicial endorsement of new discovery rules

November 1st, 2011

I have spent the last week travelling the country presenting seminars on behalf of the New Zealand Law Society explaining the new discovery reforms. Laura O’Gorman of Buddle Findlay and David Friar of Bell Gully joined me in presenting these sessions, adding valuable legal insight into the new discovery rules. Judicial endorsement We were fortunate […]

Read more...

Get advice before you buy

October 20th, 2011

Choosing the right eDiscovery software can be a daunting process for many firms.  For most lawyers, software selection is foreign to them as their experience and expertise is with the law, not the technology. Experienced independent advice can assist you in your software selection, as the advice can help you decide what the best solution is […]

Read more...

Removing the uncertainty – new discovery rules

October 14th, 2011

I like many, were pleased to see the new discovery rules finally made public last week with the announcement that they will come into effect on 1 February 2012. There had been considerable uncertainty around when the new discovery rules would commence and also when the new rules would be made available. Personally it has […]

Read more...

New discovery rules – training sessions

October 7th, 2011

As I announced yesterday, the new NZ discovery rules are now publicly available. They commence on 1 February 2012.  To assist the profession understand what the new discovery rules will mean for them, I have established dedicated training sessions on the new discovery rules. Details of the sessions are available here. The new rules contain […]

Read more...

New discovery rules commence 1 Feb 2012

October 6th, 2011

The new NZ discovery rules have been passed and will commence on 1 February 2012. The rules were passed this week and were today published on the New Zealand Legislation website. The new rules substantially change the way that discovery will have to be conducted. The reforms modernise discovery rules in an attempt to curb […]

Read more...

NZ E-Discovery reform – a global context: #5 – Exchange Protocols

September 13th, 2011

The NZ discovery reforms introduce a mandatory listing and exchange protocol (the protocol) to facilitate the production of information. A key feature of the new NZ rules is that there is flexibility to modify the protocol to suit the requirements of the matter. Continuing my series of looking into the NZ discovery reforms, I will […]

Read more...

Raising the Bar – a look at the NZBA Annual Conference

September 6th, 2011

Barristers can become more efficient in their practice by effectively using technology. This was a key theme that came out of the NZ Bar Association Annual Conference last Friday, which I was fortunate enough to be a speaker. We had a number of industry experts all delivering the messages of how there is technology available […]

Read more...

NZBA Annual Conference – promoting the use of technology

August 31st, 2011

I will be presenting at the New Zealand Bar Association Annual Conference this coming Friday, where the topic this year is “The Modern Barrister”. The conference has an impressive list of speakers, with many focussing on how technology can be used more effectively to assist the role of the barrister – a topic that is very […]

Read more...

Rules Committee approves new NZ discovery rules

August 30th, 2011

The New Zealand Rules Committee has approved the final draft of the new discovery rules. The Courts of New Zealand website now outlines the current status with the rules – At the meeting 22 August 2011, the Committee approved a draft set of rules on discovery, revised after a substantial period of consultation with the profession.  […]

Read more...

NZ E-Discovery reform – a global context: #4 – The effective use of technology

August 24th, 2011

There is a significant difference between merely using technology and using technology efficiently and effectively. Continuing my series of looking into the NZ discovery reforms, I will look at how the effective use of technology has been fundamental in comparative global discovery reforms. In addition to the new obligations of cooperation and proportionality in the […]

Read more...

NZ E-Discovery reform – a global context: #3 – New reasonable search obligations

August 16th, 2011

There is a new defined requirement in the proposed New Zealand discovery reforms for parties to make a reasonable search. The obligation to undertake a reasonable search brings NZ into line with the developments in other jurisdictions. As I continue my series of looking at the NZ ediscovery reforms from a global perspective, I will […]

Read more...

NZ E-Discovery reform – a global context: #2 – A Proportionate approach to discovery

August 11th, 2011

Facilitating a proportionate approach to discovery is fundamental to the proposed New Zealand discovery reforms.  In recognition of not every dispute being the same, the new rules allow for discovery orders to be tailored to suit the specific requirements of each matter. As I have mentioned in earlier posts, the volumes and sources of electronic […]

Read more...

NZ E-Discovery reform – a global context: #1 – Early cooperation at the heart of discovery reforms

August 9th, 2011

Continuing my series of looking further into the NZ e-discovery reforms, today I look further at the requirement for parties to cooperate, and compare to reforms in other jurisdictions. All jurisdictions are faced with similar issues of increasing burden and cost associated with discovery, but all still have the same obligations to identify, preserve, review […]

Read more...

NZ E-Discovery reform – a global context

August 2nd, 2011

As New Zealand is finalising its discovery reforms, I thought it an opportune time to look at the reforms from a global perspective, comparing the reforms to what has happened in other jurisdictions. Other jurisdictions have faced similar concerns as we are experiencing in New Zealand with the existing discovery rules becoming out-dated over recent […]

Read more...

Final draft of the new NZ discovery rules released

July 14th, 2011

The final draft rules of the New Zealand discovery reform have been published by the Rules Committee. The profession are being asked to raise any specific drafting issues by 10 August 2011, with the anticipation that the new rules will come into force in early 2012. The rules can be found on the Courts of […]

Read more...

Launch of ‘The NZ E-Discovery Blog’

July 12th, 2011

E-Discovery Consulting is proud to announce the launch of The NZ E-Discovery Blog. The NZ E-Discovery Blog is an objective commentary that will look to promote the understanding and awareness of electronic discovery issues. Complementing the services of E-Discovery Consulting, the blog will be a valuable resource to make it easier for lawyers to be […]

Read more...

Achieving a more efficient discovery process

February 13th, 2011

Andrew King looks at the issues created by electronically generated documents Today, 90 per cent of all documents are generated electronically. The substantial escalation in the volume of electronic documents has added new, unique challenges to an already expensive and time-consuming discovery process – and if we don’t directly address the issue, the discovery process […]

Read more...

Addressing discovery proportionately

February 11th, 2011

The proposed discovery reforms are a necessity to modernize existing rules by directly addressing the complexities that the exponential growth of electronic documents has added to the discovery process. These changes should reduce the current burden associated with discovery as we look to take a more proportionate and cost-effective approach that is tailored to suit […]

Read more...