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- Relativity Predictions Webinar – Q1 2023
- Revisiting useful old judgments: deleted messages and adverse inferences
- Ireland’s Legal Tech Conference 2022 on 29 November in Dublin
- AI and Data Management lead the story at Relativity Fest
- A full agenda at Relativity Fest from 26-28 October in Chicago and online
- Wrapping up two UK disclosure cases which caught the public eye
- Farewell to Charles Christian, who brought legal technology to lawyers
- Interlocutory orders and contempt – the “burn it” judgment
- Relativity acquires Heretik for contract review and intelligence
- Cabo Concepts v MGA – lack of disclosure supervision brings indemnity costs order
- A glut of disclosure stories just as I turn my back
- Disclosure duties and audit – not as easy as some may think
- Everlaw Clustering: making eDiscovery enjoyable
- In discovery as in life – explosive reactions when social media posts come to light
- Johnson and Arcuri and the missing documents
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Category Archives: Litigation costs
Australia at the centre of the discovery world
The default map of the world shows Britain in the middle and near the top, with Alaska at top left and New Zealand at bottom right. Perhaps that is because Europe invented the Greenwich Meridian; maybe it is a legacy … Continue reading
Posted in Australian courts, Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, eDiscovery Tools, EDRM, Electronic disclosure, FRCP, FTI Technology, Guidance Software, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Nuix, Part 31 CPR, RingTail
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Jackson conference challenge to litigation support providers
Lord Justice Jackson laid down a challenge to litigation support providers at the Ark Group e-Disclosure 2009 conference in London last week. They must, he said, find a way to bring down the cost of e-disclosure; if they cannot, then … Continue reading
Birmingham Post reports on costs management trial
The litigation costs management trial on which I reported a few days ago (Jackson launches costs management trial in Birmingham) has been covered by the Birmingham Post. Their article of 3 June is headed City will be test case for … Continue reading
Remember to seek disclosure of telephone recordings
A “document” is defined in Rule 31.4 CPR as “anything on which information of any kind is recorded”. Lawyers brought up in the days of paper disclosure, even those who have adjusted to electronic versions of those paper documents such … Continue reading
Graphical display of thesaurus terms
The graphical display of discovery / disclosure information has been one of the most interesting developments in software designed for search of all kinds. It is specifically so for litigation document review purposes and, perhaps even more so, for early … Continue reading
Labour’s fall may be matched by litigation’s recovery
I have just sent off my slides for my keynote speech at the Ark Group’s e-disclosure conference on Monday 9 June. Its title is The Empty Bear Garden, and it is about the decline of litigation since the CPR of … Continue reading
Recommind recommends recognising risks of e-disclosure unreadiness
I do not take a great deal of notice of press releases. If they are interesting, everyone else will gamely recycle their contents, and who wants to be like everyone else? If they are not…. you don’t need me to … Continue reading
Jackson launches costs management trial in Birmingham
Lord Justice Jackson went to Birmingham on Tuesday to encourage its litigation solicitors to take part in a costs management trial in the specialist courts. The details are interesting, but less so than the policy considerations which underlay Sir Rupert’s … Continue reading
Making a play to sugar the e-disclosure pill
In a previous post (The discovery of disclosure commonality with a trans-Atlantic judicial panel) I told how IQPC had, at my suggestion, invited US Magistrate Judge John Facciola and Chief US Magistrate Judge Paul Grimm to come to their Information … Continue reading
The discovery of disclosure commonality with a trans-Atlantic judicial panel
If I were to define a perfect working day it would go something like this: wake up in a comfortable hotel and take a five minute stroll to Piccadilly; sit on a platform with the two leading US and the … Continue reading
Everything and everyone at the IQPC Information Retention and E-Discovery Management Conference
I reached IQPC’s Information Retention and E-Discovery Management Conference 2009 just as the first speaker stood up on Wednesday morning, feeling rather like Phileas Fogg as he burst into the Reform Club with seconds to spare. Although I had not … Continue reading
Clyde & Co selects Epiq Systems and Trilantic as preferred e-disclosure providers
Although the business of the e-Disclosure Information Project involves telling law firms and corporations about electronic disclosure technology suppliers, I avoid discussions about pending competitive tenders in the e-disclosure market. Given the range of people with whom I am in … Continue reading
Something for everyone in the Jackson litigation costs report
Lord Justice Jackson’s interim report on civil litigation costs weighed in at 650 pages, not the 1,000 pages which rumour anticipated. It is as well that I am commentator not a newshound journalist, because I missed the big day and … Continue reading
The untapped potential of YouTube as a promotional medium
You can launch political policies, bands and brands on YouTube, but perhaps not 1,000 page interim reports on litigation costs. Lord Justice Jackson will do his launch tomorrow with an old-fashioned press conference. Other things, however, bring the marketing and … Continue reading
Richard Susskind webcast on the End of Lawyers?
Professor Richard Susskind caused a stir at the ABA TechShow in Chicago in April with his thoughts on the way the future looks for the legal profession. The context was the launch of his latest book, The End of Lawyers?, … Continue reading
E-Disclosure in the £50,000 case
The article to which I am about to refer you is in fact called E-Discovery in the $50,000 Case by Conrad Jacoby and not as my heading shows it. We in the UK renamed the ancient process known as discovery … Continue reading
LexisNexis debate marks ten years of the CPR
LexisNexis, publishers of the Civil Court Practice 2009 “The Green Book” marked the tenth anniversary of the Civil Procedure Rules with a debate chaired by Lord Neuberger which considered the impact of the CPR and assessed its strengths and weaknesses. … Continue reading
Irish discovery rules embrace electronic documents
By happy chance, the discovery rules in Ireland have the same number as those in the Civil Procedure Rules of England & Wales. Order 31 of the Rules of the Superior Courts give the court the power to order discovery … Continue reading
Informed comment in the Times adds to the Woolf rules debate
No sooner had I published my post Have the Woolf reforms worked? yesterday when Jonathan Maas flicked me a link to an article in Times Online on the same subject. It is called Sad and unsatisfactory – but not destroyed … Continue reading
Zander sees his Woolf CPR predictions justified
Michael Zander QC, now Emeritus Professor at the LSE, was a forthright and eloquent critic of the Woolf reforms which led to the Civil Procedure Rules in 1999. Few took much notice of his predictions, least of all Lord Woolf. … Continue reading
The growing importance of metadata preservation in eDiscovery
If UK lawyers do not share the US enthusiasm about the preservation, collection and use of metadata, that is in part because they are not clear what it is and how it might be used. A forthcoming webinar will be … Continue reading
How TREC can help you evaluate e-discovery investments
H5 and Clearwell Systems are giving a webinar on 19 March about TREC Legal Track’s practical application in evaluating and assessing search and review methods. Why should we in the UK pay attention? There is a danger in talking to … Continue reading
Ark Group Conference 8-9 June 2009
The brochure came out today for Ark Group’s e-Disclosure conference taking place in the Ibis Hotel, Earls Court, London on 8-9 June. The main attraction is Lord Justice Jackson who will be presenting a review of the litigation costs working … Continue reading
Posted in Access to Justice, Case Management, Commercial Court, Court Rules, Courts, CPR, Document Retention, eDisclosure, eDisclosure Conferences, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Mediation and ADR, Mercantile Courts, Part 31 CPR
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Autonomy panel at LegalTech points to proactive clients – and lawyers
Panel sessions at LegalTech and other conferences combine the best of all worlds so far as I am concerned. The burden is distributed – the moderator has to have a plan and the ability to herd the speakers through it, … Continue reading
E-Disclosure Taster Menu in Bristol
I went down to Bristol last week with a group of electronic disclosure suppliers at the invitation of the Western Chancery & Commercial Bar Association. The aim, as in Birmingham last year, was not just to talk about electronic disclosure, … Continue reading
Posted in CaseMap, Court Rules, Courts, CPR, E-Discovery Suppliers, Early Case Assessment, eDisclosure, EDRM, Electronic disclosure, Equivio, Forensic data collections, FoxData, Judges, LexisNexis, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Mercantile Courts, Part 31 CPR, Trilantic
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Mediation – not about just settlement but just about settlement
Professor Dame Hazel Genn QC has launched a stinging attack on the downgrading of civil justice and the promotion of mediation at the expense of the civil litigation system. ADR is a worthy parallel remedy but government promoted it more … Continue reading
Judge Facciola LegalTech messages are for UK as well as US lawyers
There was something almost surreal about the discovery that the LegalTech organisers had failed to record US Magistrate Judge John Facciola’s keynote speech, given that Facciola regularly delivers Opinions castigating parties either for faulty decisions about technology or for technological … Continue reading
Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Judges, LegalTech, Litigation, Litigation costs, Litigation Support
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LegalTech lessons for lawyers from extinct species
Only one practising UK commercial lawyer came to LegalTech in New York. Recession hit the litigation support industry before our eyes. One of the recurring themes there was that the clients are taking discovery in house. Down the road we … Continue reading
Posted in Case Management, Court Rules, CPR, Data privacy, Discovery, Document Retention, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, LegalTech, Litigation, Litigation costs, Litigation Readiness, Litigation Support
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Discovery Practice Note issued in Australia
The Chief Justice of the Federal Court of Australia yesterday gave effect to the long-awaited Practice Note No 17 – The use of technology in the management of discovery and the conduct of litigation. Those of us involved in drafting … Continue reading
Welcome to Equivio as new Project sponsor
I am delighted to welcome Equivio as a new sponsor of the e-Disclosure Information Project. As I wrote in November (see New integration and new web site for Equivio) I met CEO Amir Milo at the Masters Conference in Washington. … Continue reading
Posted in CaseLogistix, Discovery, DocuMatrix, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, KCura, LegalTech, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Masters Conference
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Jackson sets out some litigation costs issues
A thoughtful article by Simon Davis and Simon James of Clifford Chance has appeared on the Lexology site. A purist might quibble about its title – Jackson’s dilemma – or how to cut the cost of litigation – on the … Continue reading
Plenty to write about but no time to write
I had a patch recently when I had no time to write for a few days. Someone sent me a message, not exactly complaining, but making it clear that my apparent dereliction of duty had been noticed. It is not … Continue reading
Fannie Mae – be careful what you agree to with e-discovery orders
The American Fannie Mae case shows what can happen if a lawyer unskilled in electronic disclosure agrees to something which is beyond his skills and knowledge. UK judges may baulk at questioning an advocate’s expertise, but they have an absolute … Continue reading
Welcome to LDSI as sponsor
You will have noticed a new logo on these pages as LDSI joins the list of sponsors of the e-Disclosure Information Project. LDSI is a full-service provider of a wide range of solutions for handling documents for litigation, regulatory and … Continue reading
SCL meeting – Civil Litigation Costs Review
Lord Justice Jackson is conducting a year-long review into the costs of civil litigation at the request of the Master of the Rolls. His terms of reference require him to undertake a fundamental review of the rules and principles governing … Continue reading
SCL Summary of Digicel v Cable & Wireless
I have written much about the Digicel case Digicel (St. Lucia) Ltd v Cable & Wireless Plc [2008] EWHC 2522 (Ch) but delayed writing a summary of the actual judgment because I knew that barrister Clive Freedman was doing so. … Continue reading
Why is electronic disclosure like ice-hockey?
Like ice-hockey, e-disclosure requires some equipment and some skills. You don’t need to be a genius, merely competent, and you can delegate the technical skills to others. You are on thin ice if you approach litigation in 2009 without the … Continue reading
Identify early and co-operate in 2009
As I sign off for Christmas, I would like to thank all those who have sponsored, supported or in any other way encouraged the e-Disclosure Information Project in 2008 and wish you all a Merry Christmas and a Happy New … Continue reading
Mancia: interest in US being interested in them
A growing theme on this site which will get more important in 2009 is that electronic discovery in the US is getting to be of more interest to us in the UK. This is not because the English courts are … Continue reading
Audio recordings of SCL e-disclosure seminar
My article Electronic Disclosure: Meeting the Challenge was a report of a seminar presented by the Society for Computers & Law in October. Janet Lambert, Christine Gabitass and I were the speakers under the chairmanship of Clive Freedman. The sessions … Continue reading
Mancia – US discovery lessons for UK lawyers
Many UK lawyers and judges affect disdain for the American way of litigating and, in particular, for the way US lawyers handle electronic documents. The UK lawyers’ perception that e-disclosure is all very expensive not only confuses cause and effect … Continue reading
Getting expert search evidence in front of the court
Yet another important new UK case on electronic disclosure, Abela v Hammonds, reaches me whilst I am listening to a US webinar about searching. The theme of both is knowledge, understanding and expertise – and co-operation to arrive at a … Continue reading
Is Hedrich more important than Digicel for e-disclosure?
A cigarette packet carries the warning that smoking can kill you. Solicitors’ standard terms of business should carry a warning that litigation can cost you. For litigation is an inherently risky business: there are no certain winners; and very often … Continue reading
Webinar: Benchmarking E-Discovery Methods
The webinar anticipated in this post has now taken place. My report on it, and its fortuitous coincidence with a new UK case, can be found in my post Getting expert evidence in front of the court which also includes … Continue reading
Reviewing the Commercial Court Recommendations
The risk that contentious work might shift to arbitration or to other jurisdictions such as Germany is reason enough for us to fight to keep it here. The Commercial Court Long Trials Recommendations may have had too wide a focus. … Continue reading
Ignorance of mainstream technology may cost you
Internet telephony, like litigation technology, is now accessible and affordable. Ignoring VOIP merely passes up the chance to cut your telephone bill. Ignoring litigation technology may cost you rather more. The problems, and the solutions, are the same everywhere A … Continue reading
The revolutionary consequences of Digicel
The importance of Digicel v Cable & Wireless lies not in any new law and still less in allocating blame for the outcome. We cannot predict its consequences but what matters is that everyone now knows about the Practice Direction … Continue reading
E-Disclosure Information Project first birthday
November marks the first anniversary of what became the E-Disclosure Information Project. It did not have that name when I ran a half-day training session for judges in Birmingham last November but it was effectively launched with that event. This … Continue reading
Posted in CaseLogistix, CaseMap, Civil justice, Court Rules, Courts, CPR, Discovery, DocuMatrix, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Ernst & Young, Forensic data collections, FoxData, Guidance Software, ILTA, Legal Technology, LegalTech, LexisNexis, Litigation, Litigation costs, Masters Conference, Part 31 CPR, SEO, Trilantic, Web Sites and Blogs
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What exactly is it that you do?
A career devoted to court rules and electronic documents is not an instant turn-on for dinner party conversation. The subjects are, however, important ones for businesses beyond those which actually work in litigation, and the rate of change is increasing … Continue reading
Posted in Case Management, Court Rules, Courts, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Judges, Legal Technology, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Millnet
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Autonomy Early Case Assessment at the Ritz
Most of my speaking engagements are of the nuts-and-bolts, cradle-to-grave variety where I speak for a couple of hours about the issues raised by electronic documents and about how proper use of the Civil Procedure Rules, coupled with an understanding … Continue reading
Job cuts at the Legal Services Commission
The Government’s commitment to access to justice is so important that it even warrants capital letters – it is Access to Justice, no less, which, as I noted in another post recently, must mean that it is an “initiative” (or … Continue reading
Companies in dark over litigation costs
Companies in dark over litigation costs is the title of an article on the Financial Times web site today (login required). It tells of an Ipsos Mori survey commissioned by Addleshaw Goddard. The survey’s subject-matter was more specific than the … Continue reading
Jackson and CJC focus on costs models
Lord Justice Jackson’s review of litigation costs will presumably cover a wide range of subjects from rules and procedures, to the actual practice in the courts, to the better use of technology, to training matters and beyond. One of the … Continue reading
Posted in Court Rules, CPR, Litigation, Litigation costs, Lord Justice Jackson
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Terms of reference of litigation costs review
The Terms of Reference for Lord Justice Jackson’s review of costs have now been published. The stated objective – “To carry out an independent review of the rules and principles governing the costs of civil litigation and to make recommendations … Continue reading
Judgment in Digicel (St Lucia) v Cable & Wireless
I wrote about this case on the basis of a short summary of the judgment – see Case law at last on scope of reasonable search. In summary, I described it as important not because it made any new law … Continue reading
eDisclosure Information Project 