Recently we worked an entire weekend knowing that we would be paid nothing for it. We had been asked for our opinion and advice on what can only be described as an unsatisfactory discovery in a huge arbitration matter.
For those of us who understand eDiscovery this is known as Discovery about Discovery whereby the dissatisfaction or even suspicions needs to be explored. As a result we contributed to the drafting of a complex and comprehensive Request for further and better particulars covering the entire spectrum of the EDRM majoring upon collection, processing, analysis and review in our case.
Why did we do this for nothing? Two reasons – there is always a bigger picture and also because it was right. It could have been avoided had there been more thought about the 3 words that would have been more evident in other jurisdictions – collaboration, proportionality and defensibility