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

Blog Archives

Enhancing the value of your eDiscovery champion

May 11th, 2022

Previously I outlined why it is a significant advantage to have an eDiscovery champion in your organisation. Your eDiscovery champion will be expected to keep your organisation informed of the best practices to manage eDiscovery. To enhance their value to you it is important they continue to learn and improve their expertise. This will enable […]


10 years is a long time in eDiscovery

December 16th, 2021

Earlier this year LinkedIn kindly notified me of 10-year anniversary! It doesn’t seem that long ago that I was reflecting on a five-year anniversary. As we near the end of another COVID impacted year, it does give me time to reflect on some of the changes in eDiscovery I have seen with eDiscovery, and how my […]


Myth 4 – eDiscovery is too costly and complicated

May 26th, 2021

Too often I hear “eDiscovery is too costly, complex and frustrating”. Ironically this is the rationale of why many do not embrace eDiscovery software or invest the time at the outset of the matter. But it does not have to be this way. As I often say, eDiscovery is not expensive – eDiscovery done badly […]


Myth 3 – The matter is too late for eDiscovery software

May 19th, 2021

Far too often parties turn their minds to the practical requirements of discovery far too late in the process, including if they are to use E-Discovery software. It is not unusual for lawyers to consider eDiscovery only when they are about to (or want to) turn documents into an electronic format to comply with court […]


Go hard, and go even earlier…

March 16th, 2021

Last year I highlighted the importance of going hard and early in how the discovery process is approached. I mentioned in my post that this sounds obvious, but it is evident that I should articulate that this should be even earlier than most would think. Again and again, I work with or hear those with […]


Go hard, go early…

November 18th, 2020

Just as with New Zealand’s exceptional response to COVID-19 (to date…), ‘go hard, go early’ also applies to eDiscovery. We all want to reduce the cost of E-Discovery. As I often say, eDiscovery is not expensive – eDiscovery done badly is ! To do this we need to turn our mind to the practical discovery […]


Shop around ! See the eDiscovery software options available

October 22nd, 2020

When it comes to eDiscovery software, it has never been a better opportunity to shop around in evaluating eDiscovery software options available. Since COVID-19, many are exploring the legal tech they use to see if it is still fit for purpose. I know eDiscovery software is one of my most frequent conversations I have had […]


Using the discovery exchange format that works for you

February 26th, 2020

Since 2012, New Zealand High Court discovery rules require parties to address the discovery checklist prior to the first case management conference. Just as you will be considering the methods to limit discovery to what is reasonable and proportionate, the discovery checklist requires you to consider the eDiscovery exchange format – the format that works best […]


That is how our client provided the documents to us

January 30th, 2020

If we are to reduce the time and cost of the discovery process, then it is essential that how to tackle the practical requirements of discovery is considered at an early stage. One of these practical considerations should always be how documents are to be identified and how you will be collecting documents from your […]


Paper is still not going away…yet!

November 26th, 2019

I probably said 5 years ago (maybe longer) that the days of paper are numbered. Sure, there is more electronic material, but paper is still not going away. Often it is not paper itself, but the decisions made by legal professionals to deal with documents in paper format. Like all aspects of the discovery process […]


eDiscovery does not need to be costly or complicated

September 25th, 2019

eDiscovery is not expensive, eDiscovery done badly is ! Too often I hear “I just find eDiscovery so complex and frustrating and usually turns out to be more expensive than I expected”. But it does not have to be this way. The objective of the discovery process should be to get only what you need […]


Managing New Zealand’s increasing discovery volumes

June 12th, 2019

Like the rest of the world, there are increasing eDiscovery volumes in New Zealand, requiring smarter ways to manage this information. Recently LawTalk published an article of mine – “Effectively managing New Zealand’s increasing discovery volumes”. The article highlighted how important it is to effectively manage the increasing data volumes that exist in the discovery process. Increasing […]


Turn your mind to discovery early

May 22nd, 2019

Far too often parties turn their minds to the practical requirements of discovery far too late in the process. If we are to reduce the time and cost of the discovery process, then it is essential that how to tackle discovery is considered at an early stage. With today’s proliferation of information, coupled with Court […]


Evaluating eDiscovery software options, every 12-24 months

March 28th, 2019

Even if you are currently satisfied with your existing eDiscovery software, it is worth evaluating eDiscovery software options, to see what else is available. Find out what others are using – is it giving them an advantage over you? To ensure you are equipping yourself with the most effective tools, you should evaluate your eDiscovery […]


Embracing TAR to reduce the cost & burden of the discovery process

January 22nd, 2019

Due to increasing data volumes and the subsequent cost of managing this data require us to work smarter to find new ways that enable us to get to the most important information quickly and cost effectively. Technology Assisted Review (“TAR”) is one of these smarter ways. Needless to say it has simply become too expensive […]


What do you want to achieve with your eDiscovery software?

March 28th, 2018

This is a question that is often over looked when exploring eDiscovery software. More frequently, I am simply asked – what is the best eDiscovery software? It is increasingly important to firstly, consider what you want to achieve. Considering the software options in many circumstances will be your final consideration Software should be your final consideration […]


Read the Rules !

November 22nd, 2017

Leading eDiscovery commentator Chris Dale provided an excellent post this week about A proposed new disclosure rule for England and Wales. Chris makes an excellent observation that before there are rule changes, those involved in disclosure (or discovery for the rest of the world), should read the eDiscovery rules. I couldn’t agree more with Chris, […]


Substantiating your proportionality argument

October 26th, 2017

The claim of “proportionality” is too often used as justification to shy away from potential discovery obligations. The following can frequently be used to justify this –   There are far too many documents The cost is not proportionate We can just claim proportionality to the court The discovery rules are on our side here […]


Ensuring technology is used efficiently and effectively

September 27th, 2017

Sounds a given, or is it? In fact, it doesn’t always happen this way, and in some instances far from it. Most firms will be exploring how they can innovate, and a key driver of this innovation will be technology. The discovery process is no different. With the volumes and sources of information now present, […]


Exploring Offshore Coding to List Documents

November 22nd, 2016

Since my last post, I have had many queries about LPO providers and offshore coding. I thought it might be helpful to explain how offshore coding works, together with why it should at least be an option to consider. Listing documents and managing paper may seem simple – it is not ! Leading eDiscovery Consultant […]


Efficiently Managing Paper in eDiscovery

November 17th, 2016

As I highlighted in my last post, paper still exists in the discovery process, however it is important that we explore efficient ways of managing it. Regardless of whether paper is all you have or if you simply prefer to undertake discovery with paper, there are ways to do this more efficiently. If we don’t, […]


Common Frustrations with eDiscovery Software

October 11th, 2016

To help understand what lawyers and their firms want from their eDiscovery software, I thought I would share some of the frustrations that many currently experience. Since the start of this year I have collated frustrations (or problems) that some New Zealand lawyers are experiencing with their existing eDiscovery software. These frustrations are from all […]


The move to front-loading the discovery process

November 25th, 2015

The New Zealand High Court discovery rules require considerably more work in advance of the first case management conference (CMC). The benefit of this initial work is to assist in limiting the scope of discovery to what really matters and provide considerable value later in the discovery process. A recent article of mine published in […]


Don’t wait until it is too late

October 13th, 2015

One of the most frequent requests I receive from lawyers is asking for assistance with their discovery. The conversation usually goes something like this – How can I help ? – We need assistance with our discovery. How much information do you have? – We have 5 boxes. Is the information available electronically? – I don’t know, I just asked […]


Improving the application of keyword search terms

September 16th, 2015

Like it or not, keyword searching is still a very common method used in litigation or investigations to target potentially relevant information. For many lawyers the use of search terms is an approach that they are familiar and comfortable with. It is not hard to see why keywords are so comfortable, as we all use […]


Getting rid of what you don’t want

July 22nd, 2015

It goes without saying that all discovery exercises now involve greater volumes of information than ever before. One of the consequences of this can be the problems with the considerable increase in the amount of irrelevant information there now is. It is also widely acknowledged that the review exercise in the eDiscovery process equates for about […]


But, we have always done discovery this way…

June 16th, 2015

A common response I come across with new clients, when I ask why they carry out discovery in a particular way is usually we have always done it that way. And then in almost the same breath the response is “eDiscovery is expensive and time consuming”. What is expensive and time consuming is not eDiscovery, but […]


‘Discovery’ or ‘eDiscovery’ – the process remains the same

June 9th, 2015

It is not uncommon to come across lawyers that misunderstand what eDiscovery is. For many, the rather simplistic perception exists that eDiscovery is the process of turning documents into an electronic form. To help address this misunderstanding, LawTalk recently published an article of mine Adding the “e” to discovery. The article identified just exactly what […]


There are just too many documents for us to review…

May 20th, 2015

Trying to limit discovery is important, and options like trying to establish a relevant date range and targeting who are the key individuals in the dispute will all help. However I still find parties trying to limit a discovery order, simply by arguing to the Court that there are so many documents that it will […]


Highlights of the Legal and eDiscovery Stream

April 30th, 2015

In my last post, I provided an overview of New Zealand Law and Technology Conference, which was held in Auckland on the 18th of March. So let’s now look at some of the highlights from the Legal & eDiscovery Stream. eDiscovery 101 The conference kicked off with a breakfast workshop – eDiscovery 101 – Back […]


Preview of the Legal and eDiscovery Stream

March 3rd, 2015

We are now just over two weeks away from the New Zealand Law and Technology Conference, taking place at the Pullman Hotel in Auckland on the 18th of March 2015. The event has pulled together an exciting new line-up of speakers across its newly expanded three talk streams. Leading Keynote Speakers Opening the conference again this year with […]


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 […]


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 […]


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 […]


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 […]


EDT to host luncheon launching their New Zealand hosted solutions

July 14th, 2014

Leading legal software provider EDT is hosting a lunch in Auckland on the 24th of July, to announce its new hosted solutions for the New Zealand market and to present an Early Case Assessment (ECA) case study. The case study will show how law firms in the US have used EDT to provide lawyers with early […]


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 […]


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 […]


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 […]


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 […]


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 […]


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 […]


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 […]


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 […]


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 […]


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 […]


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 […]


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 […]


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 […]


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 […]


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. […]


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 […]


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 […]


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 […]


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 […]


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 […]


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.  […]


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 […]


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 […]


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 […]


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 […]


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 […]


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 […]