ILTA White Papers

Litigation and Practice Support

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WHEN DID YOU START WORKING IN THE INDUSTRY? Jonathan (U.K.): Late in 1982, I commenced a two-week contract. I started out with hardcopy, moved to database records/indices of hardcopy and then to imaging. E-disclosure just happened around me. An unexpected affinity and lack of fear of computers helped a lot. Kelly (Canada): I was a litigation law clerk from 1989 to 2000 and I moved into document management/ litigation support in 2000. Scott (U.S.): I started in 1989 when it became clear to me that my database and programming skills were a natural fit for the paper-to-image and associated analytical requirements of the time. I found myself working for a medical expert who was way ahead of his time — he knew that solutions were needed to address the broad information management requirements of complex litigation, but the technology didn’t quite exist to provide them. Michelle (Australia): My first introduction to large- scale litigation management was in August 1989 on the BHP vs. Ok Tedi mining dispute in Papua New Guinea. At the resolution of this dispute, I was asked to set up a litigation support group for the law firm that employed me. WHAT IS THE ONE BIGGEST CHANGE YOU’VE SEEN SINCE THEN? Jonathan (U.K.): Since 1982? IT! In the U.K., I think it must be the new IT practice direction and IT questionnaire (with associated recent judgments). Lawyers can no longer hide. I see fundamental 16 Litigation and Practice Support ILTA White Paper changes coming to disclosure procedure, rather than shoehorning electronic evidence into existing rules. Kelly (Canada): Large Canadian law firms and corporations are starting to recognize the value of litigation support resources within their business environment. Strategic objectives are now the same at every firm: • Gain market position with expertise • Meet growing demands of clients who expect an expertise from top firms • Improve productivity and efficiency through the use of technology • Technological advancement in response to global market expectations Scott (U.S.): I’d say the transition from paper to electronically stored information (ESI). The explosion in electronic discovery — driven by business’ utter and total dependence on electronic information — is probably the biggest change we’ll ever face. Michelle (Australia): The biggest change has been the transition from competency and attention to detail in physical tasks to a greater dependency on technical skills and simplifying complexity. There has been a significant increase in the speed and depth of learning on the job. E-discovery has increased costs and timeframes, and has required changes in how we work with — and what we require of — our software, staff, lawyers and clients.

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