eDiscovery in SA – just like being an England sports supporter!

by Harrison

As we approach the end of 2021 I look back on the year at the ups and downs of being SA’s only independent eDiscovery Consultant and eDiscovery in SA in general. It almost goes without saying that the proudest moment and highlight was having my book “A guide to eDiscovery in South Africa” published by Lexis Nexis . The support of Adv Ismail Hussain SC, who contributed a chapter on Court Case Management as well as a whole lot of advice, and then having the foreword written by no less than Judge J Kollapen still leaves me in awe. The launch of the book (with Judge Kollapen providing the keynote address) and my subsequent speaking events and appearance on SA national TV have all provided great personal highlights this year. Seeing the use of eDiscovery technology continue to grow at a pace is very rewarding and having the global market leader RelativityOne now being hosted in SA excites me enormously. Knowing that the South African Law Reform Commission support the principle of amending the Uniform Rules to incorporate eDiscovery, and being quoted by them, is also rewarding and humbling. A rollercoaster goes up but also comes down and some of the downsides for me begin with the fact that there is still no sign of the Rules Board proposing the amendments that I have been lobbying for, for more than 5 years now. Other “lows” this year include the fact that there are still many large law firms and corporates who have decided not to avail themselves of my eDiscovery presentation or my services generally. Moreover, I am disappointed that not enough smaller law firms have shown interest in eDiscovery. This mirrors my experience in the UK where, for a long time, smaller law firms and their clients adopted the stance that eDiscovery did not apply to them or that it was only for bigger cases. Clearly there is still a mountain of education required here in SA for law firms, corporations and indeed service providers. It is some consolation to hear from many of my global contacts that the same applies elsewhere, even in jurisdictions in which eDiscovery is adopted. In summary therefore, I have experienced many eDiscovery “highs” this year but equally the frustrations continue. What does all of this have to do with sport, you may well ask? Those of you who know me will be aware that apart from my family and eDiscovery, I am very passionate about sport. Let me tell you, supporting England or English players in various sports is another roller coaster of emotions! The national soccer team have always given, we supporters, exciting rushes of adrenalin quickly followed by feelings of despair, as we saw from their loss in the Euro final. Right now, they are leading us towards the “high” of next year’s World Cup, but history tells us we will be saddened again. In cricket, England’s T20 team are undeniably the best in the world, yet they missed out on the World Cup with a fair and square defeat to New Zealand (although injuries to key players contributed hugely). In golf’s Ryder Cup, our high hopes fell flat to another defeat to the USA, and in tennis the career demise of Andy Murray is countered by the rise of the young Emma Raducanu who won the US Open. In rugby, England performed badly in the Six Nations but then confounded us all by beating World Champions, South Africa (sorry!!). So, you have a taste for my life whereby the passions provide me with that rollercoaster. However, there is a new year to come soon, and I already know of some very interesting eDiscovery happenings. Hang on, we might even regain the Ashes, we might even win the World Cup, young Emma might win Wimbledon! Damn it, I will take another ride.

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