Concern mounting over Jackson reforms' impact on e-disclosure

Category: Electronic Disclosure

22 October, 2012

Concern is mounting among senior figures about the impact of Jackson reforms on disclosure and e-disclosure in the UK legal system.

The reforms are designed to change the cost of cases, introducing damages-based agreements to incentivise lawyers to take cases on the promise that they will take an agreed percentage of any award made to a claimant.

However, many judges lack a comprehensive understanding of how changes to cost rules will affect e-disclosure and austerity cuts have prevented the roll-out of adequate training on the matter, The Lawyer reported.

Of the two days training offered to judges, just half a day has been dedicated to the new costs regime and this may not include a segment on disclosure.

A recent seminar hosted by US technology company Symantec revealed that technology and predictive coding will play a huge roll in reducing legal costs in the future. However, a lot of judges don't understand the new tools, causing problems when drawing on them in the courtroom, according to the news provider.

Therefore, more must be done to educate those in the legal system about e-disclosure technologies and how to prepare cost estimates.

According to Chris Dale, e-disclosure specialist, lawyers can play a key role in improving comprehension, by presenting cases and costs "in a compelling way to judges who may not understand it all".

Electronic Disclosure– Kroll Ontrack has the technological strength, expertise and commitment to ensure your success in managing small e-disclosure projects as well as large volumes of electronic evidence legally, accurately and cost-effectively.