header-logo header-logo

12 November 2009 / Martin Bonney
Issue: 7393 / Categories: Features , Profession , Technology
printer mail-detail

Straight to the point

Intelligent new technology can streamline the e-disclosure process, says Martin Bonney

As lawyers know, in a typical disclosure exercise less than 20% of the documents reviewed are responsive to the case.

The standard approach has been to apply a few basic search terms and then review everything in a linear fashion, slowly weeding the pertinent material from the largely unresponsive whole.

The enormous growth of electronic business documentation, especially e-mail, has made this approach increasingly untenable, on the basis of cost alone.

Accordingly, the courts have begun to stress the importance of proportionality when it comes to the scope and cost of the disclosure exercise.

For lawyers, this brings its own risks—where should the line be drawn? How can lawyers demonstrate that their approach in limiting a review is defensible and has not unduly disadvantaged the other side?

From evolution...

It is here that technology has an increasingly important role to play. Recent years have seen the introduction of a number of new technologies to deal with the growing volume of documents.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
back-to-top-scroll