Litigating parties could be expected to reveal how much they are spending on IT support for their case under proposals put forward this week by a group of leading litigation support professionals at law firms.
The new version of a practice direction for the use of IT in civil proceedings, which was originally launched by LiST (Litigation Support Technology) in April, contains a questionnaire designed to put pressure on firms to disclose their IT costs at various stages of litigation.
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The proposal builds on the earlier draft, used by all LiST member firms, and sets out standards for the more efficient use of IT in litigation.
Jonathan Maas, litigation support consultant at City firm Simmons & Simmons, said: ‘With the costs questionnaire, we are asking parties to be more transparent about what they have done and intend to do in terms of IT expenditure.
‘Asking parties to reveal how much they are spending on IT in a case is controversial, because it shows the litigant’s hand, revealing how seriously they are taking the case. But it will help judges to make sensible decisions. It is a little piece of strategic information being given away, but it can save a lot of time and money for clients.’
He added: ‘We hope the new protocol will have persuasive power with the judiciary. It will be useful in steering parties and judges through the quagmire of IT.’
The draft practice direction was put together by a LiST working group of IT experts at City firms
Simmons & Simmons, Lovells, Mayer Brown Rowe & Maw, Denton Wilde Sapte, and Allen & Overy.
Comments on the document - which can be downloaded from the Society for Computers and the Law Web site - should be submitted by 22nd October.
Link: www. scl.org
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