As you know, part of my role is to persuade, and I am always looking out for new ways of getting people to consider how best to handle electronic documents. It is the mere consideration which matters – no-one is saying (well, I am not, anyway) that every case, or even most cases, require you to jump about preserving and collecting everything in sight, but anyone who engages in litigation ought to have some idea of the costs and other factors which apply when litigation threatens. Knowing the rules and being familiar with the occasional judgment is not a bad start, and is the least one might expect from a lawyer who purports to practice civil litigation.
I write a bit, and speak at conferences, do webinars and the occasional podcast or video – any method, really to promote awareness of the subject. What is the proper response, however, when you come across an audience which has self-selected as being interested in electronic disclosure but which has not heard of the Practice Direction to Part 31 CPR (it has been in the CPR for five years), or cases like Digicel v Cable & Wireless, Earles v Barclays Bank or Goodale v Ministry of Justice? Desperate remedies are needed, and I think I found one at the weekend:
You should know that my colleague (my youngest son William) missed only two of his clays, which should prompt a livelier response when the subject of the PD to Part 31 next comes up. Available for seminars, Case Management Conferences etc – any forum where you feel that some light encouragement might be needed to persuade the others present to at least apply their minds to the subject.
What is this, you say – leisure at the weekend. Don’t you have blog posts to write, conferences to prepare for? Is there not a mass of interesting material out there to write about? There is indeed, but an unexpected domestic matter intrudes which has much of my attention for a few days. Back soon.