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12 November 2009 / Martin Bonney
Issue: 7393 / Categories: Features , Profession , Technology
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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.

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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