News reports frequently recount instances of problems arising in cases due to issues with the disclosure process, which begs the question: What steps can be taken to avoid or, at the very least, minimise the potential risk of these problems occurring in the first place? In this article, we will explore the potential issues which could arise in a disclosure exercise and best practices for avoiding them. We will also consider the ways in which clients may benefit from the latest advances in e-discovery technology.
Potential Issues & Best Practices
In the author’s experience, having practised as a disputes resolution lawyer for approximately a decade, and having had more than her fair share of cases involving a document review component, be it a High Court litigation, an arbitration, a cartel investigation, or some other form of document intensive matter, the following common issues tend to arise:
