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

Blog Archives

“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 […]


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 […]


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 […]


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 […]


Go hard, go early…

November 18th, 2020

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 […]


Using the discovery exchange format that works for you

February 26th, 2020

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 […]


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 […]


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 […]


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 […]


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 […]


The NZ E-Discovery Blog named as one of the top 60 eDiscovery Blogs

February 16th, 2018

Like others, I too was surprised, yet pleased to be ranked at number 50 in a list of Top 60 eDiscovery Blogs and Websites For eDiscovery Professionals put together by Feedspot. Even though there are far more recognisable people internationally, I am pleased to be included in this high calibre list. I suggest you checkout […]


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, […]


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 […]


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 […]


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 […]


Increasing the acceptance of Technology Assisted Review

March 16th, 2016

Due to the escalating time, cost and burden of the discovery process we must look to use technology more effectively to manage today’s exponential growth in volumes of information. The use of TAR (technology assisted review or predictive coding) should at least be one of the options that is considered. So what is TAR? I […]


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 […]


Positive signs in the New Zealand eDiscovery journey

August 19th, 2015

Over the past couple of years I have started to notice some encouraging signs in New Zealand with the approaches to eDiscovery and embracing technology generally. At the same time, New Zealand still has a long way to go to catch up with the rest of the world in how law firms embrace technology, but […]


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 […]


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 […]


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 […]


Why are we still manually listing documents?

October 29th, 2014

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 […]


An opportunity to re-evaluate eDiscovery software options

August 12th, 2014

The increasing volumes and sources of electronic information are making it difficult to use legacy eDiscovery software to meet today’s eDiscovery challenges. As these challenges will only evolve further, it is becoming increasingly important for firms to ensure they are equipped with the practices and software to manage their client’s electronic information. firms effectively have […]


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 […]


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 […]


Don’t Press Print !

June 6th, 2014

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 […]


Recommind raise eDiscovery expectations in New Zealand

May 13th, 2014

Leading eDiscovery firm Recommind held the New Zealand launch of their new Axcelerate 5 eDiscovery software last week in Auckland. The launch was in the form of a sit down lunch with many of New Zealand’s leading law firms present. I was invited by Recommind to present a session on how eDiscovery has evolved in […]


Two days away from the New Zealand eDiscovery Conference

March 17th, 2014

There are only limited tickets available for the 2nd Annual New Zealand eDiscovery Conference being held at the Stamford Plaza in Auckland this Wednesday.    The 2014 event will build on the success of the inaugural event in 2013 which attracted over 100 participants. The conference has now developed into New Zealand’s leading eDiscovery and […]


One week away from the New Zealand eDiscovery Conference

March 12th, 2014

We are now less than one week away from the 2nd Annual New Zealand eDiscovery Conference. The event is being held in Auckland at the Stamford Plaza on the 19th of March.  The event will provide an awareness of the evolving issues and complexities in managing electronic information, and importantly, provide delegates with a practical […]


New Continuing Professional Development obligations for lawyers

October 2nd, 2013

The New Zealand Law Society has introduced new rules requiring lawyers to undertake a mandatory Continuing Professional Development (CPD) programme. These rules require lawyers to plan and undertake at least 10 hours of CPD activities each year. The first full CPD year commences on 1 April 2014, although a 6 month transitional period commenced on […]


Reducing the reliance on traditional paper based discovery methods

September 19th, 2013

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 […]


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 […]


The importance of discussing the electronic exchange format

July 4th, 2013

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 […]


Raising awareness of electronic discovery

April 18th, 2013

As published in LawTalk, issue 816, 12 April 2013 NEW ZEALAND’S INAUGURAL eDiscovery Conference attracted over 100 participants from across New Zea­land’s legal fraternity, including senior lawyers, barristers, in-house legal counsel as well as electronic discovery service providers. The event, held in Auckland on 13 February, was organised by Ernst & Young and E-Discovery Consulting. […]


E-Discovery presents challenges and requires new skills

November 28th, 2012

Electronic discovery has often been a process that is unfamiliar to many involved in litigation. E-discovery requires new skills and a greater appreciation of technology than was previously required in a traditional paper dominated discovery world. In today’s digital world the increasing sources and volumes of electronic information is making the discovery process more challenging. There […]


Keyword searching – is there a better option?

October 4th, 2012

Over the last few years there has been a lot written about the (in)effectiveness of keyword searching as an approach to targeting important information. Many have focussed on the problems of keywords to justify the need to move toward more sophisticated approaches like Predictive Coding. Last week, the NZ Lawyer magazine published an article of […]


Keeping track of the Jackson Reforms

August 21st, 2012

The new Jackson reforms are due to commence in the UK in April 2013. Over recent weeks we have seen a number of interesting articles commenting on the new reforms and in particular the impact on the disclosure process (discovery for the rest of us in the world). The first articles to catch my eye […]


Raising the awareness of electronic discovery

March 30th, 2012

Raising the awareness of electronic discovery has become something of a mission of mine of late. Electronic discovery is an area that continues to evolve with new challenges arising, as well as new solutions developing – it is just a matter of sharing this knowledge. Historically in New Zealand there were not any court rules […]


New discovery rules – being more informed at an earlier stage

January 20th, 2012

We are now only a couple of weeks away from the new discovery rules commencing in New Zealand on the 1st of February. Currently I am busy assisting firms prepare to comply with the new requirements. One point I have been highlighting is those parties that are more informed about their information at an earlier […]


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. […]


Get advice before you buy

October 20th, 2011

Choosing the right eDiscovery software can be a daunting process for many firms.  For most lawyers, software selection is foreign to them as their experience and expertise is with the law, not the technology. Experienced independent advice can assist you in your software selection, as the advice can help you decide what the best solution is […]


NZ E-Discovery reform – a global context

August 2nd, 2011

As New Zealand is finalising its discovery reforms, I thought it an opportune time to look at the reforms from a global perspective, comparing the reforms to what has happened in other jurisdictions. Other jurisdictions have faced similar concerns as we are experiencing in New Zealand with the existing discovery rules becoming out-dated over recent […]