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

Blog Archives

Shop around when selecting eDiscovery software

April 24th, 2018

I still find many firms using an eDiscovery solution (using the word ‘solution’ loosely), because they have always used the product, or justify its continual use on “sticking with the devil you know” ! If this is you, then you are being left behind by others that are open to exploring options that better meet […]

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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 […]

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Don’t shape your practices around the capabilities of your software

February 27th, 2018

When it comes to the discovery process, many firms that I speak with are still being forced to shape their litigation practices around the capabilities of their existing eDiscovery software. How they work can be considerably impacted by the limitations of their existing software. Most of the issues experienced, simply should not happen. Some of […]

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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 rules. I couldn’t agree more with Chris, as […]

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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 […]

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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, […]

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eDiscovery does not need to be complicated

September 6th, 2017

“I just find eDiscovery so complex and frustrating and it turns out to be more expensive than I expected” An all too frequent comment that I still encounter ! But it does not have to be this way. The objective of discovery should be to get only what you need and do so it a […]

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But it worked in the past…

August 31st, 2017

What may have worked 10 years ago, last year, or last week may no longer be the most effective path to address your discovery requirements. In the past, we did not face the volumes or sources of electronic information that are now present in most organisations. We are all communicating differently than we did in […]

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I still haven’t found what I am searching for…

April 6th, 2017

Keyword searching is a very common method used in litigation or investigations to target potentially relevant information, but it is easy to get it completely wrong. A recent article of mine published in LawTalk I still haven’t found what I am searching for, highlighted how keyword search terms will not find what you are looking […]

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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 […]

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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, […]

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Paper still exists in eDiscovery

November 8th, 2016

Like it or not, paper documents still exist in most discovery exercises ! A recent post by leading eDiscovery Consultant Terry Harrison provided some great insights into the importance of managing paper properly. I have known Terry for many years, as he previously ran one of the leading litigation support providers in the UK. He […]

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Understanding Your Client’s eDiscovery Software Requirements

October 27th, 2016

As I discussed in my last post it is important for law firms to understand their eDiscovery software requirements, but some providers also need to do more to understand what the requirements of their potential clients are. Without wanting to offend all eDiscovery providers as most are great at understanding the requirements of their potential […]

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The Importance of Understanding Your eDiscovery Software Requirements

October 20th, 2016

Too often I see law firms forced to shape their work practices around the capabilities of their eDiscovery software. This can lead to completely needless additional burden and cost. To prevent this it is increasingly important to understand your requirements to help find the right eDiscovery software. It sounds simple, but often it is not, […]

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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 […]

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What is the Best eDiscovery Software?

October 5th, 2016

Mention to anyone that I provide independent advice on eDiscovery software options, I inevitably get the question “So, what is the best eDiscovery Software”? Where do I start to respond to that one ! The short answer is that there is no ‘one size fits all approach’ when it comes to eDiscovery software. Each product […]

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Let’s dig a little deeper into what I do !

August 17th, 2016

In my last post I explored the common issue of articulating what I did. This got me thinking about providing further detail about exactly what it is that I do. Over five years ago I decided to leave the comfortable surrounds of working inside law firms as I wanted to be able to provide more […]

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What do I do?

July 21st, 2016

One of the problems I still encounter is explaining to people what it is that I actually do. If I sit down to a dinner with someone away from the industry (I’m afraid that is quite a lot as there are not many eDiscovery specialists in New Zealand), when the inevitably “what do you do” […]

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Five years is a long time in eDiscovery

June 30th, 2016

Earlier this year I had a LinkedIn message pop up to congratulate me on my five year anniversary. Five years !!?? It took me somewhat by surprise as the time has flown! In saying that, it does seem a long time ago since I was on the law firm side of the fence, before breaking away […]

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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 […]

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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 […]

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Positive signs in the New Zealand eDiscovery journey

August 19th, 2015

Over the past couple of years I have started to notice some encouraging signs in New Zealand with the approaches to eDiscovery and embracing technology generally. At the same time, New Zealand still has a long way to go to catch up with the rest of the world in how law firms embrace technology, but […]

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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 […]

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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 […]

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‘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 […]

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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 […]

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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 […]

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Launch of our monthly eDiscovery Update

July 22nd, 2014

We have established a monthly eDiscovery Update to help organisations demystify the challenges they face with managing today’s increasing volumes of electronic information. Each month I will gather eDiscovery and legal technology resources from New Zealand and around the globe, designed to help simplify the discovery process for law firms and their clients. Hopefully the […]

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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 […]

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Judiciary & industry experts promote proactive use of technology

July 9th, 2014

Last month I attended a roundtable discussion hosted by e.law and Nuix on Why information governance is key for eDiscovery. The roundtable was a prelude to my week long visit to Sydney which revolved around the Chilli IQ Information Governance & eDiscovery Summit (which I provided an overview of in an earlier post). I will […]

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“Kangaroos don’t move backwards” – Chilli IQ eDiscovery Summit overview

June 25th, 2014

Last week in Sydney I attended the Chilli IQ 8th Annual Information Governance & eDiscovery Summit. The 2014 Summit gathered together some of the world’s leading experts in the field over two days to discuss and debate what is happening with Information Governance and eDiscovery. The event continues to evolve each year, with the level of […]

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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 […]

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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 […]

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Recommind raise eDiscovery expectations in New Zealand

May 13th, 2014

Leading eDiscovery firm Recommind held the New Zealand launch of their new Axcelerate 5 eDiscovery software last week in Auckland. The launch was in the form of a sit down lunch with many of New Zealand’s leading law firms present. I was invited by Recommind to present a session on how eDiscovery has evolved in […]

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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 […]

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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 […]

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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 […]

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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 […]

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eDiscovery Software – Gaining a competitive advantage

October 29th, 2013

An increasing number of New Zealand law firms are gaining a competitive advantage through their choice of eDiscovery software to meet their discovery requirements. Last week, LawTalk published an article of mine Gaining a competitive advantage (A link to the article can be found here). The article highlighted how firms that may not have the […]

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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 […]

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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 […]

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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 […]

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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 […]

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Preview of the Chilli IQ Information Governance and E-Discovery Summit

May 21st, 2013

Chilli IQ’s Information Governance & eDiscovery Summit is only a few weeks away, taking place in Sydney on the 12th and 13th of June at the Sheraton on the Park. The Chilli IQ event has long been acknowledged as the leading event on the Australian eDiscovery scene. New challenges – making informed decisions The exponential […]

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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. […]

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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 […]

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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 […]

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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 […]

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Facilitating a forensic search

July 26th, 2012

We are all faced with similar issues with electronic data levels increasing at an alarming rate. Not everyone has the option to invest in sophisticated technology or the necessary skills to operate such technology. I am starting to find tools that could be classed as enabling a ‘forensic search’ becoming more popular. By a ‘forensic […]

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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 […]

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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 […]

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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 […]

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Lawyers embracing technology – has the iPad been the catalyst for change?

December 16th, 2011

Recently I have witnessed a considerable change in the number of legal professionals using iPads or tablet devices. The iPad appears to be gaining acceptance by many who had previously been very reluctant technology users. I refer to iPads as they are arguably the most recognisable tablet device (they definitely are for the people that […]

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