Just as with New Zealand’s exceptional response to COVID-19 (to date…), ‘go hard, go early’ also applies to eDiscovery. We all want to reduce the cost of E-Discovery. As I often say, eDiscovery is not expensive – eDiscovery done badly is ! To do this we need to turn our mind to the practical discovery […]
Read more...The NZ E-Discovery Blog Facilitating proportionate and efficient e-discovery
Blog Archives
Go hard, go early…
Tags: Discovery Checklist, Discovery Planning, Discovery Strategy, Easy Wins, eDiscovery, First CMC, Listing and Exchange Protocol, New Discovery Rules
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Using the discovery exchange format that works for you
Since 2012, New Zealand High Court discovery rules require parties to address the discovery checklist prior to the first case management conference. Just as you will be considering the methods to limit discovery to what is reasonable and proportionate, the discovery checklist requires you to consider the eDiscovery exchange format – the format that works best […]
Read more...Tags: Discovery Checklist, Discovery Planning, Discovery Strategy, Easy Wins, eDiscovery, eDiscovery Healthcheck, First CMC, Listing and Exchange Protocol, New Discovery Rules
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Turn your mind to discovery early
Far too often parties turn their minds to the practical requirements of discovery far too late in the process. If we are to reduce the time and cost of the discovery process, then it is essential that how to tackle discovery is considered at an early stage. With today’s proliferation of information, coupled with Court […]
Read more...Tags: Discovery Checklist, Discovery Planning, Discovery Strategy, Easy Wins, ECA, eDiscovery, eDiscovery Healthcheck, Listing and Exchange Protocol
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Exploring Offshore Coding to List Documents
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 […]
Read more...Tags: Discovery Checklist, Discovery Planning, Discovery Strategy, eDiscovery, First CMC, Legal Process Outsourcing, Listing and Exchange Protocol
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Efficiently Managing Paper in eDiscovery
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, […]
Read more...Tags: Discovery Checklist, Discovery Planning, Discovery Strategy, eDiscovery, First CMC, Legal Process Outsourcing, Listing and Exchange Protocol
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Don’t wait until it is too late
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 […]
Read more...Tags: Discovery Checklist, Discovery Planning, Discovery Strategy, eDiscovery, First CMC, Listing and Exchange Protocol
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Workshop provides a grounding on eDiscovery Basics
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 […]
Read more...Tags: CPD Seminars, Discovery Checklist, Discovery Planning, Discovery Strategy, eDiscovery, First CMC, LawFest, Legal Innovation, Legal Technology, Legal technology events, LegalTech, Listing and Exchange Protocol, New Discovery Rules
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Why are we still manually listing documents?
Spending considerable time and effort constructing a manual list of documents adds unnecessary expense and burden to the discovery process. A recent article of mine in LawTalk highlighted how removing the requirement to manually list documents can reduce the considerable cost and burden of the discovery process. Most documents these days do not need to […]
Read more...Tags: Discovery Checklist, eDiscovery, Listing and Exchange Protocol, New Discovery Rules
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Investing time developing a discovery strategy
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 […]
Read more...Tags: Discovery Checklist, Discovery Planning, Discovery Strategy, ECA, eDiscovery, eDiscovery Questionnaire, First CMC, Listing and Exchange Protocol, New Discovery Rules
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Don’t Press Print !
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 […]
Read more...Tags: Discovery Checklist, Discovery Planning, eDiscovery, eDiscovery Questionnaire, Listing and Exchange Protocol, New Discovery Rules, Scanning & Coding
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eDiscovery software talking to each other
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 […]
Read more...Tags: Discovery Planning, eDiscovery, eDiscovery Software, Listing and Exchange Protocol, litigation support software
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Overview of the 2nd Annual New Zealand eDiscovery Conference
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 […]
Read more...Tags: Australian eDiscovery, Courtroom technology, CPD Seminars, Discovery Checklist, Discovery Planning, ECA, eDiscovery, eDiscovery Questionnaire, eDiscovery Software, Information Governance, Legal technology events, LegalTech, Listing and Exchange Protocol, litigation support software, Predictive Coding, Technology Assisted Review
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Reducing the reliance on traditional paper based discovery methods
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 […]
Read more...Tags: Discovery Checklist, Discovery Planning, eDiscovery, eDiscovery Questionnaire, Listing and Exchange Protocol, New Discovery Rules, Scanning & Coding
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Reinforcing the requirements of the discovery checklist
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 […]
Read more...Tags: Discovery Checklist, Discovery Planning, Discovery Strategy, eDiscovery, eDiscovery Questionnaire, First CMC, Listing and Exchange Protocol, New Discovery Rules, Predictive Coding, Technology Assisted Review
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The importance of discussing the electronic exchange format
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 […]
Read more...Tags: Discovery Checklist, Discovery Planning, eDiscovery, eDiscovery Software, Listing and Exchange Protocol, litigation support software, New Discovery Rules
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Adopting logical document numbering
Something that has puzzled me for many years with discovery exercises is parties that make their document numbering so unnecessarily long. This was highlighted to me again recently when I was involved in a small matter where the parties used 9 and 10 characters respectively for their document numbering. To illustrate how superfluous this was, […]
Read more...Tags: Australian eDiscovery, Courtroom technology, eDiscovery, Listing and Exchange Protocol
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Launch of new E-Discovery CPD Seminars
E-Discovery Consulting has launched a programme of CPD seminars on electronic discovery and legal technology. The aim of the CLE seminars is to provide all those involved in litigation the opportunity to be better prepared and informed to tackle electronic discovery. Further information about the CPD seminars can be found on here. E-Discovery requires new […]
Read more...Tags: CPD Seminars, Discovery Checklist, Discovery rules training, ECA, eDiscovery, eDiscovery Software, Information Governance, Legal Process Outsourcing, Listing and Exchange Protocol, litigation support software, Predictive Coding, Technology Assisted Review
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A day in the life of an E-Discovery Consultant
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 […]
Read more...Tags: CPD Seminars, Discovery Checklist, Discovery Planning, Discovery reform, eDiscovery, eDiscovery Questionnaire, eDiscovery Software, Keyword search terms, Legal Process Outsourcing, Listing and Exchange Protocol, litigation support software, Scanning & Coding
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New resource for the new discovery rules
‘Due to public demand’ I have created a dedicated page on our website consolidating all of the new New Zealand discovery rules. The page contains links to all the rules relating to discovery as well as direct reference to the practical requirements of the Discovery Checklist and the Listing and Exchange Protocol. The page can […]
Read more...Tags: Discovery Checklist, eDiscovery, Listing and Exchange Protocol
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Embracing an Electronic Documents Questionnaire
Recently I have pointed clients in the direction of the UK Electronic Documents Questionnaire to assist them undertake discovery under the new NZ court rules. Tools from other jurisdictions (like the Electronic Documents Questionnaire), can provide good practical guidance for parties to tackle discovery more proportionately and cost effectively under the new e-discovery rules. With […]
Read more...Tags: Discovery Checklist, Discovery reform, eDiscovery, eDiscovery Questionnaire, Listing and Exchange Protocol
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LegalTech New York 2012 – a NZ perspective
The 2012 edition of LegalTech in New York yet again proved to be an opportunity that could not be missed for anyone in the ediscovery industry. Since it has been a couple of weeks since LegalTech (and having time to catch up on my ‘day job’), I thought I would put together a short post […]
Read more...Tags: Discovery Checklist, ECA, eDiscovery, Information Governance, Legal Technology, LegalTech, Listing and Exchange Protocol, litigation support software, Predictive Coding, Technology Assisted Review
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Continuing to promote the new discovery rules
I continue my ‘mission’ to try and raise the awareness of the new discovery rules, with the commencement just around the corner on 1 February 2012. The Law Society helpfully published an article of mine in their Law Talk magazine last week entitled “Promoting the new discovery rules”. A link to the full article can […]
Read more...Tags: Discovery Checklist, Discovery reform, Discovery rules training, eDiscovery, Listing and Exchange Protocol, litigation support software
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New discovery rules commence 1 Feb 2012
The new NZ discovery rules have been passed and will commence on 1 February 2012. The rules were passed this week and were today published on the New Zealand Legislation website. The new rules substantially change the way that discovery will have to be conducted. The reforms modernise discovery rules in an attempt to curb […]
Read more...Tags: Discovery Checklist, Discovery reform, Discovery rules training, eDiscovery, Listing and Exchange Protocol
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NZ E-Discovery reform – a global context: #5 – Exchange Protocols
The NZ discovery reforms introduce a mandatory listing and exchange protocol (the protocol) to facilitate the production of information. A key feature of the new NZ rules is that there is flexibility to modify the protocol to suit the requirements of the matter. Continuing my series of looking into the NZ discovery reforms, I will […]
Read more...Tags: Australian eDiscovery, Discovery Checklist, Discovery reform, eDiscovery, Listing and Exchange Protocol
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Rules Committee approves new NZ discovery rules
The New Zealand Rules Committee has approved the final draft of the new discovery rules. The Courts of New Zealand website now outlines the current status with the rules – At the meeting 22 August 2011, the Committee approved a draft set of rules on discovery, revised after a substantial period of consultation with the profession. […]
Read more...Tags: Discovery Checklist, Discovery reform, Discovery rules training, eDiscovery, Listing and Exchange Protocol
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NZ E-Discovery reform – a global context: #1 – Early cooperation at the heart of discovery reforms
Continuing my series of looking further into the NZ e-discovery reforms, today I look further at the requirement for parties to cooperate, and compare to reforms in other jurisdictions. All jurisdictions are faced with similar issues of increasing burden and cost associated with discovery, but all still have the same obligations to identify, preserve, review […]
Read more...Tags: Australian eDiscovery, Discovery Checklist, Discovery reform, eDiscovery, Listing and Exchange Protocol
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Final draft of the new NZ discovery rules released
The final draft rules of the New Zealand discovery reform have been published by the Rules Committee. The profession are being asked to raise any specific drafting issues by 10 August 2011, with the anticipation that the new rules will come into force in early 2012. The rules can be found on the Courts of […]
Read more...Tags: Courtroom technology, Discovery Checklist, Discovery reform, eDiscovery, Listing and Exchange Protocol
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Addressing discovery proportionately
The proposed discovery reforms are a necessity to modernize existing rules by directly addressing the complexities that the exponential growth of electronic documents has added to the discovery process. These changes should reduce the current burden associated with discovery as we look to take a more proportionate and cost-effective approach that is tailored to suit […]
Read more...Tags: Discovery Checklist, Discovery reform, eDiscovery, Listing and Exchange Protocol
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