LitSavant Ltd - Thinking outside the box ...
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Pulteney bridge, Bath, England

Welcome

At LitSavant we specialise in providing independent practical consultancy services in the area of edisclosure and litigation support. Whether you are an in-house legal department, a law firm, service provider or a software supplier, we are able to assist you.

Our consultancy covers all aspects of the Electronic Discovery Reference Model (EDRM) from formulating document management strategies for blue chip companies to identifying presentation systems for deploying material at a hearing. We have advised on formulating defensible collection methodologies, identified effective culling strategies to reduce the volume of material to be reviewed and devised and implemented review strategies for cases ranging in size from a few thousand documents to several million. We have practical experience of operating document processing software and litigation support systems and understand their strengths and limitations.

Key to our practice is our ability to understand and explain technical terminology to lawyers and legal terminology to technologists. Bridging these communication gaps is vital to ensure that those involved in managing the document lifecycle are able to work effectively with their legal teams. We pride ourselves on being able to provide pragmatic solutions to these sorts of challenges whilst thinking outside the box.

Disclosure
The process formerly known as discovery by which documents are exchanged between parties in litigation in England and Wales.
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Disclosure

The process formerly known as discovery by which documents are exchanged between parties in litigation in England and Wales.  Technically the process has three phases - a) disclosure - making it known that the documents exist by providing the other party with a list, b) inspection - allowing the other party to look at the documents c) the provision of copies.  Typically all three phases are dealt with together.  Unlike the US, production of documents is initially driven by "push" i.e. there is an obligation on a party to disclose their documents which are material to the case.  For full details see CPR 31 and PD 31.

Duty to preserve evidence
It is well established that the duty to preserve evidence arises when a party reasonably anticipates litigation ...
US District Judge Shira Scheindlin (SDNY Jan. 15, 2010)

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Duty to preserve evidence

It is well established that the duty to preserve evidence arises when a party reasonably anticipates litigation.

"[O]nce a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a 'litigation hold' to ensure the preservation of relevant documents."

A plaintiff's duty is more often triggered before litigation commences, in large part because plaintiffs control the timing of litigation.

US District Judge Shira Scheindlin (SDNY Jan. 15, 2010)
Amended Opinion and Order in The Pension Committee of Montreal, et al. v. Banc of America Securities, et al., 05 Civ. 9016 (SDNY Jan. 15, 2010)

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