Email has dramatically transformed how we communicate, but emails, or more precisely the never-ending email chains/threads can still cause many issues in the discovery process. It does surprise me there can still be confusion around email chains. In some ways, emails were yesterday’s challenge as we now have so many different sources of information as […]
Read more...The NZ E-Discovery Blog Facilitating proportionate and efficient e-discovery
Blog Archives
Proactive, targeted and earlier
June 18th, 2024
Repeatedly, I encounter many with good intentions who leave practical discovery considerations until it’s too late. Let’s not tinker around the edges, we need to make real change. We need to be a lot more targeted to just get the information we need. To achieve this means we need to focus on the practical eDiscovery […]
Read more...Proportionality – Be prepared to back it up
April 16th, 2024
Too often the claim of “proportionality” is an easy ‘out’ to evade potential discovery obligations. Common justifications include: Overwhelming number of documents Too much work required Claiming costs are disproportionate Relying on the court to accept the claim of proportionality While these points might hold merit, substantiating the proportionality argument becomes crucial, as discovery costs […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 more...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, […]
Read more...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 […]
Read more...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, […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...‘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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
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...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...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 […]
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...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...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...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...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...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...
