Tristan Jenkinson, Consilio: Potential Drawbacks of Non-Native Disclosure

Extract from Tristan Jenkinson’s article “Potential Drawbacks of Non-Native Disclosure”

Having missed the recent ACEDS webinar on Forms of Production, I caught up this week thanks to a post over on Doug Austin’s eDiscovery Today Blog (which you can find here).

The webinar contains many pearls of wisdom from Doug, Tom O’Connor, Director of Gulf Coast Legal Technology Center and Mike Quartararo, President of ACEDS. But there was one specific area that I wanted to follow up on because I had been discussing this with colleagues recently – the potential drawbacks of non-native disclosure, such as image only, compared to native disclosure.

One of the reasons this is of particular interest to me is that here in the UK the production rules are a little different. The standard in the Courts of England and Wales is to produce natively (or near natively where appropriate). Although non-native productions are still in use, they can ring alarm bells unless there is a specific reason for using them.

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