ILTA 2014: Technology spending survey from Inside Legal

September 9, 2014

This is one of a set of posts about the content and the discussion at ILTA 2014 in Nashville. Originally intended as a single post, the result was too long for that and I decided to split them up. See also ILTA 2014 – the context and the logistics.

On the first day of ILTA, Inside Legal released the 2014 edition of the 9th annual ILTA / Inside Legal technology purchasing survey which includes the welcome promise of increased tech spend generally.

The results which matter to my audience include a focus on mobility, cloud services, and SaaS models including analytics, plus disaster recovery, security and document management systems.

These conclusions, specifically the cloud, analytics and security, tie in with my more anecdotal survey which depends not on collected statistics but on what came up in the session, conversations which took place in ILTA week as well as in post-ILTA articles.

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ILTA 2014 – the context and the logistics

September 8, 2014

This post is about ILTA the event – the organisation and the experience of being there. I will write separately about the legal technology subjects which came up in the sessions and in discussion. August 1914 is my starting point for August 2014, allowing me to make comparisons between the book I am currently reading and the organisation of ILTA. If you lack the time and the patience for my comparison between the preparations for war and the planning for ILTA, jump down to the heading The logistics of ILTA.

August1914My book for the journey was August 1914 by the respected American historian Barbara Tuchman. I know how the story ends, not least because I have read the book twice before, but Tuchman manages to invest the familiar with an atmosphere of suspense as the decisions are made – to advance, retreat or dig in, to march this way or that; you read it with hands metaphorically over your eyes as pig-headedness, personal animosities and lack of intelligence (in both senses) lead inexorably to four years in the trenches, with most of France’s coal and iron production left in German hands.  Many of the mistakes had been made long before the war – mistakes of diplomacy, of judgement and, most particularly, of procurement and supply as the Allies prepared to fight the last war; generals are always getting ready to fight the last war.

Armies in 1914 to lawyers in 2014

This is not, as you may think, a precursor to an analysis of the parallels between the armies of 1914 and the lawyers of today, much as I like that kind of example. You do not have to look far to find them. French generals refused to discard the pantalons rouge which made soldiers an easy target; they disdained heavy artillery as being inconsistent with the élan expected from a philosophy which knew only of attack, and they made no provision for entrenching tools for the same reason – only defenders needed to dig in and defence was not on the agenda; newfangled aeroplanes were rejected. Meanwhile, the British Liberal government invested reluctantly in Dreadnoughts but declined to spend any money on dry docks big enough for them or on shore defences for naval bases. The parallels with the way some law firms prepare for doing business in 2014 are obvious – predictive coding anyone? Read the rest of this entry »


Browning Marean Celebration of Life Service on 20 September

August 27, 2014

I understand that Browning Marean’s Celebration of Life service will be on Saturday, 20 September at 2:00 pm at the Westminster Presbyterian Church of Escondido, 1500 S. Juniper St., Escondido, CA 92025.

Although I pass this on as coming from an impeccable source, it would be good to get some more “official” notification before booking flights etc. (once a lawyer, always a lawyer).

Since writing the above, I am told that DLA Piper has published a notice which accords with the information I was given.

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Browning Marean: the tributes pour in

August 26, 2014

My article about the late Browning Marean Goodbye old friend has attracted several comments from those who were touched by his contribution, personal and professional, to them and to eDiscovery. The English judge HHJ Simon Brown says Browning was “the Global Professor of eDiscovery”.

The recurring themes include the encouragement which he gave to others and the word “laughter” and its synonyms. Herb Roitblat of Orcatec said in a tweet:

It’s good to see that he treated many others as well as he treated me, which was very well.

I knew Browning only a short time compared with others like Tom O’Connor and Craig Ball – my particular privilege was to see him on tour in nearly every jurisdiction in which eDiscovery is required, but they knew him for years. Craig Ball’s article Browning Marean 1942-2014 has been extended since I first recommended it and has similarly attracted many comments.

A lovely post by Tom O’Connor on the LTN site, Browning Marean: a remembrance gives us personal recollections going back to the dawn of electronic discovery. Monica Bay has given her tribute in Browning Marean loses battle with cancer. Both of these LTN articles require registration.

Ralph Losey called his article Browning Marean: the life and death of a great lawyer, the title reminding us that Browning was a lawyer first and an eDiscovery expert as a consequence. Ralph Losey added a tweet today saying that Browning was:

the first big firm attorney to use senior status to specialize in e-discovery and training. Helped his firm, DLA Piper

…while Michael Arkfeld reminds us that Browning used to say of DLA Piper that:

if they knew how much fun I was having, they would fire me.

US disputes lawyers and those who provide discovery services to them are a tough lot, with little room for sentiment in their professional lives. If the industry is in fact softer and nicer than its professional image sometimes implies, then that is in part due to Browning’s influence. It has certainly appeared in the reactions to his death.

There is a set of my photographs of Browning here.

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Goodbye old friend: farewell to Browning Marean

August 24, 2014

BrowningDublinBrowning Marean of DLA Piper US died a couple of days ago. He had spent much of the year undergoing treatment for oesophageal cancer. When we spoke on Skype recently (oh so recently) he was excited at events coming up in Dublin and Prague which would be the first time I had seen him for months. At ILTA in Nashville last week, his many friends heard of his sudden readmission to hospital and stopped each other in the corridors to ask for the latest news. No-one else in eDiscovery – no-one else I know anywhere – could get the level first of concern and now of grief as he has had.

Craig Ball wrote a warm appreciation of Browning which you will find here. I have put up on Flickr some of the many photographs I took of him in the places we visited together – the US of course, but also London, Dublin, Hong Kong, Singapore, Sydney, Prague, Munich, Macau and, of course, Oxford. He would ring me up with his flight arrangements and make me promise to “break bread” (one of his warm phrases) with him – not that I needed encouragement. Even now, when I get out of airports in distant places, I still expect him to be the first person I see at breakfast on the first day of events, if not in the bar the evening before.

I was introduced to Browning Marean at a party in London in, I guess, 2007, by Jonathan Maas, then at DLA Piper and now at Huron Legal. I can picture the setting, the place in the crowded room, the circle of people pleased to keep the company of this man with a Father Christmas twinkle, the one-liners of a stand-up comedian and the serious interest of an eDiscovery expert. I had recently reached the conclusion that I could not talk and write about UK eDisclosure without understanding what went on in the US – how else could one rebut the frequently-met argument that “eDiscovery is something Americans do, and look what expense it causes” – and Browning was to become my guide. Read the rest of this entry »


Could an English court require lawyers to make a video about their disclosure obligations?

August 12, 2014

I recently wrote an article about the Court of Appeal’s decision in Denton which I called Letting the punishment fits the crime as Mitchell gives way to Denton. As the title implies, I suggested that Denton took us some of the way back to Lord Justice Jackson’s intentions and that the courts were now better able to exert discipline in a way which had regard to Jackson’s original intentions. I cited Gilbert & Sullivan’s Mikado as a model for the idea that the punishment should fit the crime.

A US judge has taken this one step further. Faced by a party whose conduct of eDiscovery involved taking every point and other activities which lost sight of the “just, speedy and inexpensive” requirement in Rule 1 of the Federal Rules of Civil Procedure, the judge focused on the value of educating the delinquent lawyers. He required them to make a video explaining the proper way to manage eDiscovery. The story is well told in this article from Above the Law which annexes the judge’s order and sets out the more quotable passages in the ruling.

One is a generalised complaint about the conduct of eDiscovery which is worth repeating. It reads:

Discovery — a process intended to facilitate the free flow of information between parties — is now too often mired in obstructionism. Today’s “litigators” are quick to dispute discovery requests, slow to produce information, and all-too-eager to object at every stage of the process. They often object using boilerplate language containing every objection imaginable, despite the fact that courts have resoundingly disapproved of such boilerplate objections. Some litigators do this to grandstand for their client, to intentionally obstruct the flow of clearly discoverable information, to try and win a war of attrition, or to intimidate and harass the opposing party. Others do it simply because it’s how they were taught…. Whatever the reason, obstructionist discovery conduct is born of a warped view of zealous advocacy, often formed by insecurities and fear of the truth. This conduct fuels the astronomically costly litigation industry at the expense of “the just, speedy, and inexpensive determination of every action and proceeding.” Read the rest of this entry »


Video marketing, fixed pricing of litigation services and Precedent H

August 7, 2014

You know how you sometimes start a conversation and quickly realise that you would have done well to keep your mouth shut? I did that last week. Fixed-price quotations for legal services and the defects of the CPR’s new budget requirements are important and interesting subjects; they were not, however, what I was after with my simple tweeted commendation of some video marketing in which I gratuitously said that the subject was interesting as well as the format. My main focus was on how you get messages across; what followed quickly became a discussion first about the message itself and then about the underlying practice problem.

I don’t complain about this by the way. This is how Twitter works, flipping from subject to (more or less) related subject, like pub conversations in which passers-by pick up on the bit which interests them and send the discussion down another track. Besides, the subjects of how you undertake legal work, how you quote for doing it, and how you describe your services and prices to the buyers in competition with others are closely related. Read the rest of this entry »


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