First e-disclosure training for judges

I led an e-disclosure training session in Birmingham last week for a room-full of District Judges and Specialist Judges from Chancery and Mercantile Courts in Birmingham, Bristol, Manchester and Leeds.

We covered the Practice Direction to Part 31 CPR, the CPR provisions specifically relating to disclosure, and the discretionary and management powers which might be used, or better used, to reduce the time and costs of disclosure where there were electronic sources of information.

The result of the discussions between parties which the Practice Direction requires may well be that there are no electronic sources worth considering – but that cannot be determined if the discussion does not take place.

We then looked at the sources of electronic documents and the software and services which are available to help firms, whether they want to keep the work in house or send it out to others.

The primary conclusion was that the biggest single contribution to controlling time and expense would be a technology questionnaire sent out by the court before the first Case Management Conference. No formal or statutory authority is needed to use such a questionnaire and a draft exists – LiST (the Litigation Support Technology Group) annexed one to their draft Practice Direction for the use of IT in Civil Proceedings in July 2005.

My report on the day is on my web site in two parts – a summary of the ground covered and a commentary on the messages derived from it.

If any points arise which you would like to discuss, or if you would like a similar session to be given at your firm or company, please contact me.

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T3 – Trial Tactics and Technology in London

A mock eDiscovery hearing yesterday in front of real judges would have put UK litigation lawyers on notice of rough rides ahead if they are less than fully prepared to justify what has been done or not done to control the time and expense of Discovery. Where was the audience?

I have never been to a legal technology conference where they have to hold the crowds back with ropes. That, however, was the scene which greeted me as I approached the New Connaught Rooms in London yesterday for ALM Events’ show T3 Trial Tactics & Technology.

It turned out to be a double-booking – all those podgy girls in black tights and the skinny youths clutching musical instruments were there for the first auditions of Britain’s Got Talent. Perhaps Simon Cowell or Ant and Dec would pop up and give their view on the talent on the next floor, where ALM had gathered a large crowd of experts from both sides of the Atlantic under the title Confronting litigation and globalization of your data.