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The aim of the Disclosure Directive 57AD (PD57AD, formerly known as the Demonstration Pilot Directive) is to modernize the UK’s disclosure process. This change is important because the traditional, manual, and adversarial approach to disclosure is simply unsustainable in the face of today’s massive data volumes and ever-growing data sources. Collecting and manually reviewing millions of documents one-by-one has become very expensive, time-consuming, and prone to under- and over-disclosure. When you add in the fight between opposing parties, the traditional disclosure process becomes a reference point for escalating legal fees, missed deadlines, and data issues that can all be dismissed for any reason. . Instead, a collaborative approach that uses AI technology can improve performance—by allowing attorneys to focus their expertise on key areas of the case and refine AI tools. to better manage current and related data.
Therefore, PD57AD focuses on two important areas to update the display: collaboration and technology. In fact, PD57AD asks the parties to “communicate and cooperate with the legal representatives of other parties in actions … to promote the honest, efficient and cost-effective administration of the disclosure, including the use of technology.”
Also, the Evidence Review Form asks each group to outline how they “plan to use technical assistance/data analysis to conduct a systematic review of the data set” and also reminds groups of their role in working together.
Through PD57AD, law enforcement agencies’ relationships with each other and with technology will change in some significant ways that will provide opportunities to work smarter, more cost-effectively, and more efficiently.
It’s about working together
Judges are taking note of the language requiring cooperation between parties in PD57AD and warning against legislators trying to use the disclosure process as a tool to punish someone opposition party. For example, in McParland & Partners Ltd v Whitehead, when a dispute arose as to the construction of the grounds of a confession, the judge had the opportunity to remind both parties broadly. for the following:
“It is clear that some litigants everywhere in the Commercial and Property Court have sought to use the Pilot Evidence as a stick with which to beat their opponents. Such practices are completely unacceptable, and parties can expect to meet adverse payment orders and be paid immediately if that has been the case.
As the data books and PD57AD become increasingly entrenched in the UK’s disclosure process, there is a growing disregard for the courts’ “weaponized” disclosure practices. Indeed, parties can expect that the days of “database” (that is, the strategy of collecting and publishing documents to bury the opposing party in the data) or vice versa, will no more serious arguments about the cost and time of manual review. .
It is the responsibility to use the technology
Instead of this adversarial approach, the courts expect the parties to come together to agree to use technology to produce targeted disclosures that are more cost-effective and efficient. Indeed, in the cloud-world, this reference relationship between technology and law is the only successful way of effective disclosure.
Under this new approach, the technology used to collect, delete, evaluate, and publish data must be effective so that the results can be validated by critics and judges. This means that all workflows and processes must be understood, protected, and agreed upon by opposing counsel. Even before the Disclosure Act was implemented in 2018, judges have begun cracking down on groups that have tried to “go it alone” by using technology to suppress or search for data. or in a non-transparent way, without accepting the objection. recommending or not implementing industry best practices.
For example, in Triumph Controls UK Ltd., the judge admonished a party for using a computer-assisted audit (CAR) search strategy conducted by “ten attorneys and four associates” rather than the “one lawyer, who knows the issues in the matter” to ensure that the criteria for relevance are used to properly teach the CAR technique. He also criticized the group’s CAR approach because it does not clear and could not be independently verified. Because these technical measures were not followed, the judge forced the production team to return to agree with the opposing counsel on another evaluation method such as sampling and evaluation as part of the original data set.
The future is about information for advisors and clients
Modernizing the disclosure process through collaboration and technology means that each party will need more legal and technical expertise to meet the requirements of PD57AD. Ideally, each party should have a lawyer who is familiar with disclosure law and can guide them through each step of the process in accordance with PD57AD. Each team also needs experts who know how to implement technology to create effective, efficient and transparent reporting workflows. As can be seen from the legal rulings coming out around PD57AD, parties without expertise trying to “wing it” are more likely to face delays, high legal fees, and bad decisions by the courts.
Law firms and corporations that do not have in-house expertise should find an outside partner who does. This is where an experienced management review partner can make a real difference to law firms and their clients. Teams should look for a partner who can provide a team of skilled technicians and attorneys, working together and using the best technology in the industry. This team must be ready to jump from the start of any issue to understand the nature of the client’s data, including the underlying legal issues at play, in order to understand the process. of each step of the presentation process, to be accurate and precise.
Over time, a management review team can become an important extension of both in-house and law firm teams. This partner can use industry knowledge, gained by working with the same customers on multiple issues, to create visual, strategic, and automated workflows. These customized processes, designed specifically for the client’s data structure and technology, can save millions and achieve better results. In turn, law firms can refocus on evidence that is most relevant, assuring their clients that the disclosure process is contributing to lower legal costs and better results.
Conclusion
Under the new approach to disclosure, parties must have their own teams and legal and technical expertise to implement the kind of targeted, collaborative and transparent disclosure process required by PD57AD now. This collaboration between law and technology is the way forward for a successful disclosure process in the face of today’s increasingly complex and complex databases.
Parties without this expertise should seek an experienced management review partner who can provide a team of legal and technical experts who can work through each step of the disclosure process efficiently and effectively. light and care.
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