An article on the JD Supra site manages somehow to convey the idea that I am positively agitating for eDisclosure rule reform.
The article is headed After panel sponsored by UK ACEDS, Chris Dale calls for rules reform. This exaggerates slightly the enthusiasm conveyed in my full report of the panel session about the proposed changes. Although, as I said in that article, the panel had converted me to the view “that the present piecemeal rules and PDs should be replaced”, I did not intend to cast myself as an agitator for change.
I think a better summary of my position is this – if some thoughtful people have been prepared to do a draft rule, and if the result actually forces judges and lawyers to focus on proportionate disclosure, and if the Rule Committee can spare the time to look at it, then since we are going to have to tackle disclosure sooner or later, it might as well be now.
I am not manning the barricades for or against it, but since it is going to happen anyway, I might as well contribute as positively as possible to the debate.
