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IT for Disclosure?
Parent page(s): Home Introduction IT for Disclosure?
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Woolf: Growing role for IT as volume of disclosure reduces Whilst implementation of Woolf may partly be aimed at reducing the size of Disclosure lists, the role of technology will become increasingly important in doing the job properly - and cost effectively: Disclosure It may be tempting to think that the reduced requirements for disclosure will obviate the need for litigation support systems in all but the largest cases. We expect the implications to be quite the reverse. Lawyers will need to reduce the costs of the Disclosure process. They may feel that it is wise to record which documents were available to whom and when, which were reviewed in arriving at the disclosure bundle and how they each related to the various issues in the case. Document Management There is an increasing need to manage many cases concurrently, keeping all relevant documentation to hand. There is a need to produce chronologies for most cases, with the minimum of effort. Technology can help with these tasks and can minimise the costs of the preparation of the trial bundle. A lawyer running several concurrent cases should find that technology puts him in much greater control, and those without technology may find it even harder to recover documentation and disclosure related costs. Ensuring Profitability Implementation of Woolf is putting a new ceiling on selling prices for much routine litigation work. Where the selling price of work is fixed by outside sources such as a third party or the market (as is already the case with most conveyancing work), extra care must be taken by partners and managers of firms to ensure that the work which is being done is bringing in a profit. Fixed selling prices for stages (in the fast track) means that firms need to understand and monitor their costs by reference to those stages, to assess the viability of doing work of that type. Without good stage-related time recording and management information, this will be almost impossible. We expect that improvements to time recording systems will be needed to address this need properly. Advantage to those experienced with Technology It is clear that good practice, as recommended by Woolf, will mean using the appropriate technology. Those firms who are already experienced in, or gaining experience of, the benefits of litigation support and document management systems, should find that the post-Woolf age reinforces their competitive advantage. Technical Co-operation Woolf heralds a new era of co-operation. We have helped firms work with the other parties in a case, from an IT point of view, but we now expect more demand for this. There will be an increasing role for neutral third parties, who are IT literate and familiar with the litigation process, to assist co-operating parties on practical issues such as:
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