Terry Harrison
eDiscovery in SA – “Hello POPIA, eDiscovery ...

Well, we have waited since 2013 for POPIA to be implemented and now, from 1 July a number of sections are in force meaning that entities have until 1 July 2021 to be compliant.

For 5 years now I have been saying that POPIA and eDiscovery work hand in hand in a number of ways and it is unfortunate that we have had to wait so long for POPIA and of course are still waiting for eDiscovery to be incorporated into our Uniform Rules. However, they can work together now because eDiscovery technology is already here to right some wrongs and also protect the rights and privacy of individuals and entities. Let us take a peek at how this can happen.

eDiscovery
Terry Harrison
eDiscovery in SA - What every SA lawyer should ...

The best practical article I have ever read on what every lawyer should know about eDiscovery, written by Craig Ball, a trial lawyer, and one of the most respected and knowledgable authorities on electronic evidence in our industry

eDiscovery
Terry Harrison
eDiscovery in SA - Is SA the global centre for ...

What is needed to make SA the global centre for managed document review? Probably not that much I would suggest.

eDiscovery
Terry Harrison
eDiscovery Consultant Services in South Africa

It is always pleasing when one is asked to write an article on a particular topic but especially so for me, when 3 SA individual contacts and one SA law firm have specifically asked to me to write this one.

eDiscovery
Terry Harrison
eDiscovery in SA - Is Social Media relevant to ...

Social Media in terms of discovery for litigation, investigations, competition cases and, of course criminal investigations is a huge, huge topic - arguably one of the biggest in our industry at the moment.

eDiscovery

eDiscovery in South Africa – so what next on eDiscovery for SA?

In my last post I said that 2021 had seen a great start for eDiscovery in SA and this is continuing.

The launch of our book A Guide to eDiscovery in South Africa was tremendous. With an audience of almost 200, Judge Jody Kollapen gave the keynote address which was truly inspiring, and I managed to answer all of the questions as my co-author was absent due to a Court commitment! I was absolutely delighted to see the other day that Judge Kollapen is one of 5 interviewed for a post as a Judge of the apex court in South Africa, the Constitutional Court and I sincerely hope he is successful.

Annus Horribilis – but not for eDiscovery in SA

It has to be said that 2020 will always be remembered as being one of the worst years most of us have experienced. The number of deaths in SA, and globally, caused by the pandemic; sickness; grief; and poverty overshadow everything else and we live in hope that the worst is over. That said we must move on, look for the good, and rebuild.

On a personal and business front, many, many lessons have been learnt. Family and friends assume even greater importance than before and the way we all work has come under scrutiny. Striking that “life work balance” is paramount and we have learned new ways such as virtual meetings and hearings, remote working etc.

What has not changed is corruption and financial crime, litigation, arbitrations, competition cases and more. They continue and in some instances the pandemic has caused increases in these matters. Therefore, eDiscovery technology has been used more than at anytime in South Africa since I have been here and for that I am truly delighted.

eDiscovery in SA – how will SA lawyers react to the pending inevitable rise in litigation?

Having been involved in litigation for more than 40 years, partly working as a litigation
fee earner in UK law firms and then 20 years in eDiscovery, like many, I have
seen recessions, “boom and bust” times and now of course the unprecedented
difficulties for businesses surrounding the pandemic that is Covid-19.

Given that those of us involved in litigation in one way or another for this length of
time often say that litigation, investigations, and dispute resolution
generally, is “recession and crisis proof” I am wondering about the
opportunities and challenges facing SA law firms at this time. These thoughts
occurred to me after reading 3 excellent posts and articles on the theme
written by people who know what they are talking about, two of them by people
known to me personally.

eDiscovery in SA - State Capture Commission, another perspective.

Where on earth does one begin to talk about the State Capture Commission or Zondo Commission as it is referred to, with Deputy Chief Justice Raymond Zondo as its Chairman? We, in SA are seeing on a daily basis the news as it happens at the Commission but this is just the tip of the iceberg in my opinion. There is so much about the Commission and its workings we do not know, quite rightly I say, because its unfettered completion and outcome could well write another chapter in SA’s history.

eDiscovery in SA - Changing the Uniform Rules, POPIA, hosting in the cloud, and child adoption in SA

Firstly, sincere thanks to all who sent work anniversary wishes and congratulations - very much appreciated and hard to believe it is 5 years!

I thought we should take a look and see where we are in SA on these matters. Changing the Uniform Rules to incorporate eDiscovery has been and still is, as regular readers know, my mission. It is now almost 5 years since I embarked on the journey and more than 2 years since I presented to the High Court Committee of the Rules Board. You will also know that with the help of the Law Society of SA (as was!) we drafted simple brief amendments and submitted them to the Rules Board and then we waited and waited. Two weeks ago I received a response from the Rules Board to my latest request for an update and the text of the reply is as follows:- “The Board is in the process of finalising the composition of the Task Team that is to deal with the e-development of the Rules. Once finalised, the Team will commence its work, with attention focused initially on the area of e-discovery.” Subsequently, I have offered advice and assistance from myself and others in SA together with people from the UK and New Zealand who have been involved in changing the Rules in their respective countries. So, now you know as much as I do as to where we are on this. Will it happen? I am sure it will. When will it happen? I have no idea. Why does it take so long? Because this is South Africa.

eDiscovery in SA - Herbert Smith Freehills follow the sun!

Regular readers will know that I rarely dedicate an entire post to one firm or another but I am making an exception as what is happening here at HSF is radical and could have a major impact on SA, especially with regard to eDiscovery, which of course is my major interest. 

Going back in time, Herbert Smith was a Silver Circle law firm in the UK with a big reputation in litigation. In my time in the UK I did a great deal of work with them. Then in 2012 they merged with the top 6 Australian law firm Freehills and now have 27 offices and employ almost 5000 people worldwide.  They operate as one global team using best of breed and innovative systems looking after all legal services. If you look at their website you will see that they care about their markets and communities in which they operate and one of their aims and missions is to be the leading global law firm in relation to the attraction, retention and promotion of women. I will refer later to the latter point. 

eDiscovery in SA - Fantastic solution in SA for medico-legal and commercial fields

I have mentioned many times over the last 4 years that one of the greatest challenges here in SA is that so many good software solutions emanate from the US, UK or Australia with pricing in their currency which does not translate well into our economy. Imagine how my interest was sparked when I came into contact with a hardware and software solution which is actually developed here in SA and therefore priced for this market. This is a really really excellent solution with a variety of uses, including eDiscovery, and after all of my questions were answered I am left excited about where this can take us.

The product is called ColdCall - www.coldcall.cc/ - and in simple terms it records every telephone call made and received on the cell phone but also does a whole lot more. I recently met one of the founders of this solution, the eminent neurosurgeon Dr Adriaan Liebenberg who gave me all the details. Let us take a brief look at how it works in the fields of medicine, legal and the commercial world and then examine how it can aid eDiscovery. 

eDiscovery in SA - Cyanre/Lextrado staff end of year event

I was very happy to accept an invitation to attend this company end of year event, although my only qualification for doing so is simply because my wife Waseema works for Lextrado!

During my working life I have held and been invited to numerous such events so you may wonder why I am writing about this one. It held all of the usual content in terms of good food and drink, great venue, internal humorous awards and excellent company, but there was something extra. Not only were all of the staff of the two sister companies invited, but also their partners and children. The attention to detail in making it a wonderful event with so much aimed at the children was inspiring. Lots of activities including the hiring of a children’s entertainer and especially individual Xmas gifts to each child as well as to each staff member and family contributed to the atmosphere. 

Connect with me

For independent. intelligent. ediscovery.

@tharrisonlaw