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30 May 2014 / Guy Skelton
Issue: 7608 / Categories: Features , E-disclosure
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Rebooting disclosure

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Lawyers must get to grips with the brave new world of e-disclosure, says Guy Skelton

For many litigators, the word “disclosure” conjures up an image of a darkened room filled with towering piles of paper. However, technological advances and changes in practice accelerated by the Jackson reforms mean bleary-eyed support teams are being replaced by tech-savvy analysts, while towers of servers stand in place of the highlighter-strewn papers. Although every lawyer will agree that efficiency is to be welcomed, how can lawyers and firms get to grips with the brave new world of e-disclosure?

 

Understanding e-disclosure

Despite the addition of the ultra-modern “e”, e-disclosure is no different to paper disclosure in terms of the duties owed by solicitors to the court. The creation of the e-disclosure regime is simply a recognition from the courts of the changing way in which information is transmitted and stored. However, because of the sheer volume of information stored electronically, the e-disclosure regime does create additional challenges for lawyers in terms of managing and assessing the mountains of data.

Timing

Timing

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

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From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

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Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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