Technology-assisted-reviews1

The importance of e-disclosure

Author: John Holden, James Kirk (yBC.tv)

Categories: Digital Economy, Technology
Tags: e-disclosure

The disclosure rules have been in for quite some time.  And it’s my understanding, although I’m not a lawyer, it’s my understanding that they were brought in so that the days of ambushing your opponent on the steps of the court after months and months, sometimes years of preparation for a trial and say, you know, “Ha ha, you didn’t know about this document.”

Which really undermines their whole case, e-disclosure was brought in and disclosure as well was brought in to stop that from happening so that both parties understand fully the strengths and weaknesses and certainly in terms of the documents before they get to the long process of preparing for a trial.

It may well be, for example, if the other party knew of the existence of certain documents that a settlement would have been the preferred route as opposed to spending an awful lot of time on expensive advice and procedures to get to the point where they, in effect they give in as they would have done a year ago.

 
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