Advisory and Educational Services
Most of my time is devoted to the
e-Disclosure Information Project,
giving objective advice on all aspects of electronic disclosure /
e-Discovery by writing and speaking about it and through my
involvement in initiatives such as Senior Master Whitaker's Working Party and other aspects of rules and practice.
Ancillary to that, I provide e-disclosure and marketing advice to law firms
and their clients by:
-
advising on e-Disclosure, both technically and strategically
-
training and education in e-Disclosure skills and practices
-
advising those who want to market and sell
e-Disclosure services (e.g. law firms), and to
those who buy (e.g. clients).
The list below is of things I have been involved in and know
about. I do not offer them all as services because many are
inconsistent with the time demands of the
e-Disclosure Information
Project and with its aim, the dissemination of objective
information.
I might, for example, advise a firm about the rules and the
classes of technology which it might use, both generally and in
a particular case, and would help with the tactics and strategy,
but I would not handle the data nor get involved in system
selection.
My experience breaks down into these main headings:
Strategic and Anticipatory Advice
- Strategic advice on implementing litigation support
- System identification
- Acting in the capacity of litigation support manager
- Project management
- Litigation readiness, both generally and for a specific case
Case Management
- Helping lawyers advise their clients as to their Disclosure
obligations
- Compliance with Court rules and Protocols
- Representing firms in negotiations with opponents as to data
exchange
- Advising as to requests made and received for formal case management
- Ad hoc advice and involvement as required
Data Management
- Helping to identify what needs to be preserved
- Advising about the collection of potentially disclosable electronic
documents
- Devising a proportionate response having regard to the facts
of the case
- Advising on the obligations to co-operate and on opponents'
deficiencies
Document Retention and Litigation Readiness
- Anticipating litigation or regulatory investigation
- Devising litigation readiness strategies
- Planning for timely and efficient document production
- Liaison with UK and US lawyers
- Preparing for litigation holds
- Long-term document retention policies
Overall, my role is to help lawyers and their clients to know what is
required, to understand what is possible, and to be aware of the range
of software and services which are available so that they can make their
own choices.