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

It may have worked in the past, but now…

July 17th, 2019

The rationaleWe have always done discovery this way” no longer cuts it !

What may have worked 10 years ago, last year, or last week may no longer be the most effective way to manage the discovery process.

In the past we did not face the volumes of electronic information that are now present in most organisations. We are all communicating differently than we did in the past, whilst the devices we use to communicate and store information are evolving exponentially. Like the rest of the world, the volumes of data experienced in the discovery process in New Zealand continue to increase rapidly, requiring smarter ways to manage this information.

The impact of these increasing data volumes may only be starting to be experienced in the discovery process. The problem may only get worse as experts estimate that data volumes are doubling every 18-24 month, thus making how to effectively manage these volumes a consideration for anyone tackling the discovery process.

Just because you have always carried out discovery in a certain way, doesn’t mean that there are not more effective practices available.

The eDiscovery process can be notorious for its unnecessary ‘churn’ and inefficiencies. This does not need to be the case. We need to look at smarter ways to get in and only get what you need, whilst doing so in a way that is efficient and cost effective.

Looking at efficient ways to manage discovery should be a focus for all involved in litigation or an investigation.

I now work differently

How I work today, compared to the past continues to evolve. I now do more short meetings at an early stage of the discovery process – with many now either by phone or video.

I look for smarter ways to approach the challenges of eDiscovery. Much of my advice is tactical and focused on methods to meet my client’s requirements and help them to achieve this efficiently and cost effectively. A lot of what I advise on is the easy wins to reduce some of the unnecessary work and cost of the discovery process – this can come long before the tech is considered.

My approach can differentiate me from other providers, especially here in New Zealand.

Often providers will have software or services to sell, which can result in less importance placed on developing a strategy that provides the most efficient and cost-effective option. As I do not provide or sell software, I provide impartiality to my clients as I am not tied to just one software option. I can advise on finding a software solution that is designed to meet my client’s requirements, which means they do not have to change their work practices to meet the capabilities of the software.

I always gain considerable satisfaction when I can ease the pain (both in burden and expense) and simplify the discovery process. Some of my most satisfying work is when my advice really makes a difference and can help solve problems for the law firm saving them time and their clients’ money.

Sure, how you managed discovery may have worked in the past, but today to ensure you are approaching eDiscovery in the most effective way possible it is crucial to regularly evaluate your eDiscovery practices.

Give me a shout today if you may want some help that may give you some ‘easy wins’ with your discovery process.



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