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
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...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...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...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...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...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...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...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...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...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 […]
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