January 27, 2011
Although the nuts and bolts of what I do involves e-discovery / e-disclosure rules and the crossover between rules and practice on the one hand and technology on the other, my real interest lies in marketing, with a self imposed brief to market the concepts and benefits of ediscovery / e-disclosure as well as those who provide services. My biggest article in the last few days (see Twitter, bribery and 37 corporate counsel in a virtual bar ) has been about that rather than about either rules or technology.
I have always had a soft spot for the blog maintained by forensics experts CY4OR because they provide automatic links to my own blog posts. They never sought my permission to do this, nor did I ask them to, but I certainly don’t complain at this unsolicited outlet for what I write.
I have had no cause to look there recently, but a couple of recent tweets have taken me to CY4OR sites – it would be interesting, would it not, to get them to track how many of the visits to their sites came from those tweets?
The first tweet took me to CY4OR’s new e-disclosure site which shows how far CY4OR has moved from its roots as a pure forensic expert. It has partnerships with Clearwell and Nuix to add a processing capability to the stage which follows the collection. I am obviously interested in the mere fact of those partnerships, since both Nuix and Clearwell are sponsors of the e-Disclosure Information Project.
My other interest, however, lies in how well a web site guides a potential client through the range of services on offer – the alliances of skills and partnerships make perfect sense to those familiar with what these products do and how they fit into the process, but it is not so easy for those coming new to e-disclosure. I judge a web site by the ease with which an e-disclosure virgin could find out what services are on offer and how a provider can help. Read the rest of this entry »
May 14, 2010
I am always looking out for new ways of getting to wider audiences. Although you cannot beat actually talking to people, the Internet offers other ways conveying information.
Forensics collection experts 7Safe have produced a video about their data collection application 7Phrase. If you are unclear what forensics collection means, this is a quick and easy way to find out.
It is interesting to note that it is the data collection people who have got their act together on alternative ways of reaching new markets. I wrote recently in an article about data collections about a video produced by Guidance Software demonstrating possible uses for EnCase Portable. Where are the rest of you, with new ways of telling us about your products?
May 13, 2010
The first of the E-disclosure seminars organised jointly by Professor Dominic Regan and me took place yesterday at Ely Place Chambers. Dominic and I were joined by Senior Master Whitaker and by speakers from three technology providers, 7Safe, Legal Inc and FTI Technology to bring together the law, the practice and the technology in one afternoon session.
The expressed rationale for the e-Disclosure Information Project is to bring together all those with an interest in making electronic disclosure efficient and cost-effective. That crossover is important – knowledge of Part 31 CPR and its practice direction is a good start, and the increasing number of cases involving e-disclosure failures send a strong warning to lawyers. Lord Justice Jackson drew attention to the need for more active case management by judges, and the proposed new practice direction and ESI Questionnaire raise the temperature on that front. Meanwhile, the technology reduces in cost as it increases in capability and, if properly used, maps well to the steps which parties and the court must take together, first to decide on the scope of disclosure and then to achieve it. The case management itself must be proportionate to what is involved. Read the rest of this entry »
May 11, 2010
Professor Dominic Regan and I will be leading a seminar from 2.00 until 5.15 on Wednesday 12th May at Ely Place Chambers on the subject of electronic disclosure of documents.
Lord Justice Jackson’s only recommendation in relation to e-disclosure was that there be substantial training for both lawyers and judges. This is an opportunity to find out why he said:
The first point which needs to be made about e-disclosure is that it is inevitable in cases where the parties hold the relevant material electronically. For the parties to print all the material out and then exchange it in hard copy would often be impracticable. With all but the smallest volumes of material, that course would not be cost effective. Thus in cases where edisclosure is a consideration, it is often a practical necessity rather than an optional course.
Lord Justice Jackson also drew attention to the need for judges and lawyers to know about and understand the technology which is available to address the problems raised by large volumes of electronic documents. Dominic and I will be supported by three providers of litigation support services. 7Safe will talk about the collection of data. Legal Inc will describe the range of consultancy services which are on offer from a general provider of litigation services. FTI Technology will cover processing and document review.
This is a lot packed into one afternoon – there is nowhere else where you can cover the law, the practice and technology in one session. Ticket prices are £94 including VAT and can be obtained on application from Chris Drury, the Clerk at Ely Place Chambers.
April 14, 2010
A reminder that 7Safe are hosting an eDiscovery networking event tomorrow evening at the The Hoxton Hotel, 81 Great Eastern Street, London EC2A 3HU at 6.30pm.
I will be giving a brief overview of the many developments which are going on at the moment – see my original post about this here. The rest of the evening involves just eating, drinking and talking in congenial company.
I look forward to seeing you there.
March 19, 2010
7Safe is holding an eDiscovery networking event on Thursday 15 April at The Hoxton Hotel, 81 Great Eastern Street, London EC2A 3HU at 6.30pm.
It is to mark the official launch of their hosting of Anacomp’s CaseLogistix, one of the document review tools which was used by Anton Valukas, the examiner responsible for the recent report into the collapse of Lehman Brothers (see my articles about the Lehman Report and about the alliance between 7Safe and Anacomp).
I have a two interests in going, since both 7Safe and Anacomp are sponsors of the eDisclosure Information Project, and a third if you count the fact that I am speaking at the event. I see that the invitation is careful to distinguish between that part of the evening and the “fun” which is to be provided along with the refreshments.
If “fun” slightly overstates the entertainment value to be derived from listening to me talking, these are certainly interesting times, as I hope I will make clear. It may be premature to suggest in March that Senior Master Whitaker’s judgment in Goodale & Ors v The Ministry of Justice & Ors  EWHC B41 (QB) (05 November 2009) is the e-Disclosure judgment of the year, but it certainly puts pressure on those who think that they can simply ignore electronic documents as being too difficult or too expensive to handle. Read the rest of this entry »
March 8, 2010
It feels suddenly as if a new phase is opening up in the war to tackle the wasted costs of e-disclosure. If the Rule Committee’s recent failure to grasp the nettle seemed a rebuff, there is a new Spring Offensive coming. A busy week moved us forward on several fronts.
I would have been content for the week with the signing of a new sponsor (Nuix) and the publication of Senior Master Whitaker’s judgment in Goodale V MoJ which, as I said in my article on it Goodale v MoJ – a template judgment for active management of eDisclosure, is as important as a model for e-Disclosure case management as for the fact that our ESI questionnaire is annexed to it and thus made public. There has been more than that, however. Read the rest of this entry »