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eDisclosure - get with the program!

View profile for Casian Sala

eDisclosure – get with the program!

Here at Legastat, we’re passionate about ensuring our partners in the legal profession grasp all the possibilities of legal tech, whether that’s the latest in apps for lawyers (talking of which: has just reported on Rocket, a rather nifty-looking practice management app for iPad) or switching over to digital bundles.

When it comes to increased efficiency and better security, eDisclosure is hard to beat, and has been embraced with enthusiasm by firms and chambers across the profession. But how well do lawyers understand eDisclosure? Is it being used to its fullest potential?

Way back in 2011 Lord Justice Jackson, commenting on Civil Litigation reforms, said “Relatively few solicitors and even fewer barristers really understand how to undertake e-disclosure in an effective way.” He recommended that eDisclosure practices should form a substantial part of solicitors’ and barristers’ training.

Part of the problem with making sure eDisclosure is used effectively is the huge boom in online data, which can cause something of a headache for those involved in eDisclosure as they struggle to keep on top of ever more complex and burdensome reams of data. But eDisclosure technologies are keeping pace – on an almost yearly basis new eDisclosure software packages (including the use of Predictive Coding) bring solutions to problems such as the boom in Big Data, and it’s essential that firms and chambers work closely with their litigation support partners to make sure they’re using the most up-to-date tech.

Meanwhile, an excellent (if slightly excruciating) post over at brings together the ten worst eDisclosure searches, including:

  • The word ‘fraud’ – staggeringly unlikely to be used in correspondence between actual fraudsters;
  • Names – which crop up so often in email footers you’re essentially bringing up every email in the entire bundle;
  • Standard terminology – words such as ‘invoice’ or ‘sales’ occur with such frequency across so many platforms that the search is likely to return a vast number of responses.



Lawyers everywhere should read and take note: legal technology, including eDisclosure, must not be the tail that wags the dog. Used incorrectly or with an unsophisticated grasp of its potential, legal tech can be more of a hindrance than a help. But with proper understanding of how to use eDisclosure programs, and how to avoid potential pitfalls, it provides one of the best means of delivering a rigorous and cost-effective service to clients.