My article Uncovering the Mysteries of Disclosure is published on the web site of Computers & Law, the magazine of the Society for Computers & Law. It can be found here

The article was written in response to the suggestion that many SCL members are keen to know more about eDisclosure in litigation but do not know where to start finding out about it. Computers & Law hopes to create a directory of litigation support providers.

Many firms would like to give Disclosure electronically but find it hard to get basic information. The suppliers’ web sites all boast of their biggest jobs, with volumes, teams and timescales which seem far removed from the needs of most people.

Furthermore, the context is fairly complex. The conferences major on esoteric aspects like multi-jurisdictional issues and metadata; the Rules have changed, and discussions about further changes are at the think-tank level. Many find it easier to settle for the word-processor-and-photocopier approach.

Although what they offer appears to be bespoke, what the professional support suppliers do behind the scenes is fairly standardised; the processes behind them are largely systematised, and the software and services could be (and often are) packaged together. These terms are the same as those used by Professor Richard Susskind to describe the evolution of legal services delivery. Susskind says of law firms that change occurs when one supplier “breaks ranks” with the others and offers a different method of delivering services. There seems no reason why the same model should not apply to professional services providers in the litigation world.

An additional pressure promoting a change in the delivery model is the emergence of litigation software which allows users to import their own data. They will not necessarily want to do this, if someone offers the same service at a competitive and transparent price.

My conclusion is that new applications, access to a directory of suppliers and pressure to offer packaged services will not deprive the suppliers of their bespoke market, but will lead to the development of packaged and priced services aimed at standard eDisclosure of routine cases.

The article is accompanied by a request from the Editor, Laurence Eastham, for information from litigation support suppliers as to their services. His aim is to build a directory of suppliers to give interested members a starting point. He also wants to hear from users and potential users with their views on what can make market choices easier.

Suppliers and would-be buyers can read the article and respond to the requests for information by clicking here. You can contact me by a response below or by e-mail to the address in the page header and I will pass the information to the Editor.

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