“Where Does a Wise Man Hide a Leaf?” : Modernising the Laws of Disclosure in the Information Age

• Main Author: WONG, Denise Huiwen
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2014
• Subjects: Litigation; Disclosure; Keyword Searches; Electronic Documents; Technology; Science and Technology Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/1264; https://ink.library.smu.edu.sg/context/sol_research/article/3217/viewcontent/auto_convert.pdf
• Institution: Singapore Management University

Litigation practice has been significantly altered by the advent of electronically stored information in daily corporate life. It is argued that the laws of disclosure should be updated to recognise that technology-assisted document review via keyword searching is crucial in ensuring that the costs of litigation are well managed. In order to facilitate keyword searching, a new legal concept of accuracy in the selection of keywords should be introduced into the laws of disclosure. At the same time, despite the adversarial nature of litigation, it is imperative that parties approach electronic disclosure with a spirit of collaboration in order to achieve collective savings of time and resources.