The use of electronic discovery and cloud computing technology by lawyers in practice: lessons from abroad
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Date
2017
Authors
Cassim, F.
Journal Title
Journal ISSN
Volume Title
Publisher
Faculty of Law, University of the Free State
Abstract
In the present electronically driven world, it is vitally important
for lawyers to understand advancing or new technology and to
have adequate computer literacy in order to best represent their
clients. The so-called “e-information explosion” requires lawyers
to request, produce and manage electronic documents in order to
protect their clients’ interests and to obtain a strategic advantage
over their opponents. Lawyers or legal practitioners should adapt
to technological changes, develop an awareness of the unique
challenges posed by the advances in technology, and embrace
technology’s role in both their practices and the legal system.
This article examines issues pertaining to electronic discovery
and cloud-computing technology in civil practice in South Africa,
the United States of America and the United Kingdom. The article
also examines current electronic discovery (e-discovery) practices
and the use of cloud-computing technology in the United States
of America and the United Kingdom to ascertain whether useful
lessons can be gleaned from these jurisdictions for possible
incorporation into South African law. The study notes that, while
South African law has taken great strides to address advancing
technology, useful lessons from abroad can be adopted such
as, inter alia, the need for greater preservation of electronic
evidence; the use of a wider definition of the term ‘document’ to
include all types of electronic information and future technological
developments; the amendment of the rules to include the discovery
of electronically stored information; the use of the proportionality
principle in trials, and the incorporation of the cost-shifting
regime. The article concludes that lawyers need to learn more
about relevant law such as the ECT Act and POPI, and embrace
advancing technology more enthusiastically, yet responsibly,
in order to succeed in their new competitive and changing legal
environments and to provide the best service for their clients.
Description
Keywords
Lawyers, Electronic documents, Document imaging systems, Cloud computing, Computing technology
Citation
Cassim, F. (2017). The use of electronic discovery and cloud computing technology by lawyers in practice: Lessons from abroad. Journal for Juridical Science, 42(1), 19-40.