The first case management conferences affected by the new eDisclosure obligations will take place on 16 April. Lawyers will have had the required discussions with opponents and will have filed reports about the anticipated scope of and cost electronic disclosure. Or perhaps they will have tried to get by without – we have been left in no doubt, as various articles from me and others have emphasised, that judges will be enforcing the rules and that relief from sanctions will be given only sparingly.
The roll-out of the new rules has been shambolic, judicial training almost certainly inadequate, and confusion will be widespread. It will all settle down in time, no doubt.
It seems a good week to organise a conference aimed at intelligent and positive discussion about eDisclosure generally and about its management, at a time when we face not just new procedural obligations but what the Master of the Rolls has called “the underlying philosophy of the Jackson reforms”.
We have just the thing for you, called eDiscovery for the Corporate Market, taking place in London on 17 and 18 April. The event is not a series of lectures but a set of round-table discussions, each led by moderators whose aim is to share their own knowledge, to identify points of concern, and arrive at constructive ways of surviving and thriving in the new environment.
Registration is free for members of corporate and law firm departments with some responsibility for eDisclosure, whether as a technical or as a legal matter. It would be good, too, to see some barristers, since they will be in the front line when the judges start throwing things, and might be glad of a shield in the form of ready arguments based on considered preparation.
We will also be covering the software tools and methods available to help, equipping you to talk with apparent confidence about predictive coding and managed review when the subject comes up – or, indeed, to initiate the discussion yourself.
Do please pass on this link to anyone who might benefit from attendance.