With today’s ever-increasing data volumes it is important to be able to simplify your discovery process. I have talked a lot recently about eDiscovery becoming over-engineered and eDiscovery products dictating how you undertake your discovery process. In these posts I have highlighted how there is not a ‘one size fits all’ approach to managing eDiscovery, […]
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...So what is the best eDiscovery solution?
May 15th, 2024
When people hear I provide independent advice on eDiscovery software options, inevitably I still get “So, what’s the best eDiscovery software?” But there’s no simple answer to that question. It does make me laugh to still get this same question as I did 10+ years ago – sometimes from the same people too ! Like […]
Read more...Is eDiscovery becoming over-engineered?
February 7th, 2024
Over recent years I often wonder if the eDiscovery process is becoming increasingly over-engineered and sometimes needlessly complicated. I think we can simply lose sight of the objective to get only what you need and do so in a way that is quick and cost effective. We all know if the ever-increasing sources and data […]
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...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...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...Myth 1 – Using non-eDiscovery tools for eDiscovery
May 6th, 2021
“Why do we need dedicated tools for eDiscovery?” This is often a question I am asked, and more than what I would think. I find most of those asking these questions have not had experience with eDiscovery software – and yes, there are still many that have not, or if they have, they have very […]
Read more...Exploring some misconceptions with eDiscovery software
April 29th, 2021
The objective of the discovery process remains to get only what you need and in a way that is quick and cost effective. What doesn’t help is many common misconceptions with eDiscovery software. Equipping yourself with the right eDiscovery solutions will greatly assist this objective. The problem we all face is today’s data volumes continue […]
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...How can we do this better – the opportunity to re-evaluate your eDiscovery software options
September 24th, 2020
Since COVID-19, the legal profession like so many has become totally reliant on technology, as traditional practices have had to be adapted just to survive. eDiscovery is no different, as it is a great opportunity to re-evaluate how you are approaching eDiscovery. Like most technology, so much can change and quickly with eDiscovery software – […]
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...LegalTech in New Zealand: the developments and opportunities
August 20th, 2019
Like many other countries there has been substantial change in New Zealand over recent years with the development of the LegalTech industry. Recently LawTalk published an in-depth feature looking at the Legal tech in New Zealand. Together with Gene Turner of LawHawk, I was one of the people interviewed by LawTalk editor Geoff Adlam. You can read the full […]
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 […]
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