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 is key in the e-disclosure process. Often
