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

Blog Archives

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 […]

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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 costs 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 in the […]

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Navigating eDiscovery pricing models

November 14th, 2018

There are excellent eDiscovery software options available, however it isn’t always easy to compare their 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 compare […]

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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 […]

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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 software 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, […]

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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 […]

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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/  […]

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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 […]

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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 […]

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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, […]

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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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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 […]

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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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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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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 […]

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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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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 […]

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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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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 […]

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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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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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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 […]

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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 […]

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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 […]

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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 […]

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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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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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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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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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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. […]

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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 […]

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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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