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...The NZ E-Discovery Blog Facilitating proportionate and efficient e-discovery
Blog Archives
Don’t let an eDiscovery product solely dictate your discovery process
March 26th, 2024
It is becoming increasingly apparent that many are solely relying on eDiscovery product(s) to dictate their discovery process. In doing so, some vital other practices and skills can be ignored. Sometimes I am alarmed to go into an organisation and their whole process and how they work is shaped around how the product works – […]
Read more...Let’s get rid of what we don’t need !
October 19th, 2022
The greatest obstacle in most discovery exercises is the increasing data volumes, providing new and evolving challenges for all discovery matters. So much of this information will be completely irrelevant for what we are after. The challenge is how do quickly and efficiently get to the key information that we need? No one wants to […]
Read more...Getting to what really matters, quickly and cost effectively
July 19th, 2022
Sometimes we can lose sight of the true objective of the discovery process ! The objective of any discovery exercise should be to facilitate a method of getting to the most important information quickly, cost effectively and accurately – to help resolve the dispute. To achieve this, we do need to be more proactive, targeted […]
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...Who is your eDiscovery champion?
April 20th, 2022
With the proliferation of electronic information, it is important to be prepared to be pro-active earlier in the proceeding to address how discovery will be tackled. It is a great advantage to have an ‘eDiscovery champion’ in your organisation. Gone are the days where the discovery logistics were passed to a junior team member. Sure, this […]
Read more...eDiscovery or Discovery – the objective remains the same !
February 1st, 2022
We continue to have our own preferences as to what we call eDiscovery or Discovery. Many suggest eDiscovery, others simply prefer Discovery. Within this do we have a hyphen or not, do we have a capital “E” or “D” – and that is even before the Brits throw in “Disclosure” and all the variations of? […]
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...Improving the effectiveness of keyword search terms
November 11th, 2021
As I mentioned previously, keyword search terms still can be an effective method of isolating important information, but they do have limitations and need to be carefully crafted. If they are not, then they will not find what you are searching for. Anyone that has read any of my material or heard me speak will […]
Read more...“Simplifying Discovery Obligations” – Starts with more robust case management
October 21st, 2021
In New Zealand there has been a recent Consultation process about Improving Access to Civil Justice. This is a positive step as we would all acknowledge there is work to do here in simplifying eDiscovery obligations. As part of these discussions, somewhat inevitably is evaluating the role of discovery and the potential reform of discovery […]
Read more...Exploring the limitations of keyword search terms
September 15th, 2021
In my last post I explored how many effective eDiscovery methods can still be those that are simple and have been used for years – as long as they are thoroughly considered. One of these methods is the use of keyword search terms. Although there can be limitations of keyword search terms. In recent times, […]
Read more...Some simple eDiscovery methods can still be effective
August 31st, 2021
We know that today’s data volumes continue to increase rapidly, providing new and evolving challenges for all discovery matters. Unless effectively undertaken the costs and burden of the discovery process can easily (and quickly) spiral out of control. However, it doesn’t always mean you need the latest software or use the most sophisticated new techniques. Many effective […]
Read more...How to change your eDiscovery solution?
July 14th, 2021
I have covered why it is important to evaluate your eDiscovery software options every 12-24 months, together with what to look for in your eDiscovery solution. Now it is time to explore how to get started, how to explore the options available. I still find many firms using an eDiscovery solution (using the word ‘solution’ loosely), because […]
Read more...What to look for in eDiscovery software?
June 23rd, 2021
Evaluating your eDiscovery software options every 12-24 months should be on the mind of everyone undertaking eDiscovery to ensure you are using the most suitable eDiscovery option(s) available. I think we get the why we need to re-evaluate eDiscovery software, now I think it is important to look further into what to potentially look for in choosing […]
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...Myth 2 – The matter is too small for eDiscovery software
May 12th, 2021
Far too often when it comes to eDiscovery, the perception is that eDiscovery software is only suitable for large matters. Most matters are not too small for eDiscovery software. This is simply not the case ! The rationale is usually that this is the way that discovery has always been approached. “We have never used […]
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...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...Are you approaching eDiscovery in the most effective way possible?
December 3rd, 2019
Discovery practices continue to evolve, largely due to impact of technology. Yet these are also exciting times, as we can approach discovery more effectively to remove much of the cost, complication and burden. Recently LawTalk published an article of mine – “Are you approaching eDiscovery in the most effective way possible?”. The article highlighted how […]
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...It may have worked in the past, but now…
July 17th, 2019
The rationale “We 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 […]
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...Looking for easy wins in your discovery approach
April 30th, 2019
It is not always the use of Technology Assisted Review (TAR), or the utilisation of other powerful technologies that will be right for you. For some it is simply looking at existing practices and seeing if there is anything that could be performed more efficiently. Some of the technology out there is fantastic, but sometimes […]
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...Happy E-Discovery Day !
December 4th, 2018
Today is the 4th annual E-Discovery Day across the globe. Here in New Zealand, we are ahead of the rest of the world (well, in time zone anyway), so we get to celebrate before others. A day devoted to just eDiscovery, surely not? For many of us that live and breathe eDiscovery (and have done […]
Read more...Understanding the potential cost of eDiscovery
November 22nd, 2018
Too often I have seen good eDiscovery solutions end in a difficult relationship as there was not a full appreciation of potential cost of eDiscovery at the outset. The scenario usually goes something like this – Client – your estimate was XX Provider – you asked us to undertake additional work, any further work was itemised […]
Read more...Navigating eDiscovery pricing models
November 14th, 2018
There are excellent eDiscovery software options available, however it isn’t always easy to compare their eDiscovery pricing models. This is something you need to be aware of, especially if you are new to eDiscovery. The price that you are initially presented with may not always be the true cost. You may be surprised when you […]
Read more...Do you get what you pay for?
November 8th, 2018
Is this fair when it comes to eDiscovery software or not? Just because a solution may be cheaper, it doesn’t always mean it is not as good, likewise if it is more expensive it doesn’t always mean it is better for you ! Organisations have different requirements, which could mean that certain eDiscovery software might […]
Read more...Helping find the right eDiscovery solution to suit you
October 16th, 2018
Today’s escalating data volumes and the rising cost of managing that data, make it increasingly important to use the right eDiscovery solution to tackle the discovery process. Recently LawTalk published an article of mine – Finding the right eDiscovery solution to suit you. The article highlighted where to start to find the best eDiscovery software, […]
Read more...Ari Kaplan Podcast – Why Legal Tech Conferences Have Become a Global Phenomenon
September 27th, 2018
Recently I was fortunate to be interviewed by leading legal tech thought leader Ari Kaplan in one of his Reinventing Professionals podcasts. Ari’s podcasts “share insights with industry leaders shaping the next generation of legal and professional services”. On the podcast we talked LawFest and legal technology in New Zealand, together with why legal tech […]
Read more...Nuix acquisition of Ringtail creates powerful ‘end-to’end’ eDiscovery offering
September 11th, 2018
Today we have had the announcement that Nuix has acquired Ringtail to provide an ’end-to-end’ eDiscovery solution. This announcement probably trumps all other movements in an eDiscovery market that has experienced considerable change recently, with acquisitions and providers deploying tools that may have historically been competitors. You can read some press announcements here – https://blog.aceds.org/mary-mack-with-the-inside-scoop-on-nuix-and-ringtail/ […]
Read more...Technology Assisted Review – empowering David to tackle Goliath in eDiscovery
August 7th, 2018
Technology Assisted Review (“TAR”) is often thought of as a tool primarily for large firms working with high document volumes, however TAR can be just as valuable for smaller firms that may have limited resources and budgets, as they often have to look for smarter ways to work to compete. Today’s increasing volumes of information […]
Read more...How one lawyer used Technology Assisted Review to save their client thousands
July 31st, 2018
Technology Assisted Review (“TAR”), can be a great enabler for firms that need to be nimble and innovate to compete with large firms. A perfect example was a matter I managed for a New Zealand law firm, that helped save their client thousands of dollars. Australian litigation support provider, Law In Order has produced an […]
Read more...Technology Assisted Review – Enabling you to Work Smarter
July 17th, 2018
Recently there have been some good commentaries on the use of Technology Assisted Review (“TAR”) in the discovery process. The first was an excellent guide to the TAR process from leading eDiscovery Consultant Terry Harrison, who is based in South Africa. The other was a case study by Australian litigation support provider Law In Order, […]
Read more...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” ! Selecting eDiscovery software is crucial for all organisations involved in the discovery process. If this is you, then you are being […]
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...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 […]
Read more...New Zealand’s Commerce Commission and SFO invest in Relativity eDiscovery software
January 24th, 2018
The New Zealand Commerce Commission and Serious Fraud Office (SFO) have recently invested in Relativity as their preferred eDiscovery solution. About Relativity Relativity is widely regarded as one of the leading eDiscovery software solution internationally, with nearly 14,000 organisations using Relativity in over 40 countries, totaling over 165,000 users. Relativity has over 800 employees, with […]
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...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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, […]
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...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 […]
Read more...Renewed Interest in eDiscovery Software
September 27th, 2016
Over recent months I have been fielding an increasing number of queries about eDiscovery software. In New Zealand over the past few years, the interest does come in waves. Back in 2012 and 2013 there was considerable interest in eDiscovery software, on the back of the new High Court discovery rules. After 2013, I can […]
Read more...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 […]
Read more...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” […]
Read more...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 […]
Read more...Documents or should it be ESI ?
June 15th, 2016
In today’s’ digital world many of us still refer to information that is mostly electronic as simply documents – and I can be as guilty as any ! The use of the term document can be familiar and comfortable. Much the same way traditional methods of addressing eDiscovery can be hard to shift. Even though […]
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...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...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...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 […]
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