Saturday, 15 January 2011
In New Zealand the Rules Committee are getting excited about electronic discovery. I wonder how many of them have been involved in this from a practical level, as in my experience the judges (with one or two honourable exceptions such as Judge David Harvey) barely know how to use their computers and would stare blankly if you talk about metadata. In the United States there are significant problems emerging. See in the ABA Journal at http://www.abajournal.com/news/article/e-discovery_sanctions_reach_all-time_high_for_litigants_and_lawyers. As the Rules Committee are also looking at sanctions for lawyers who do not comply with timetable orders, they need to consider the low level of understanding of lawyers in practice about this concept of electronic discovery. Any changes must come in with much more training and education, not just of the specific rules but also in computer basics.