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IT Litigation A View from the Trenches
Dr. Mark Vaughn Vaughn-2000 Consulting
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IT Litigation A View from the Trenches

• Dispute Resolution
• The Rules of the Game
• The Roles of the Expert Witness
• Dos and Donts
• Uses of IT in Litigation

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IT Litigation A View from the Trenches

• Dispute Resolution
• Litigation
• Arbitration
• Mediation
• Expert Determination
• Settling

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IT Litigation A View from the Trenches

• The Players in the Game
• Solicitors
• Barristers/QCs
• Judge
• Witnesses of Fact
• Expert Witnesses

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IT Litigation A View from the Trenches

• The Rules of the Game
• Claim
• Counter Claim/Defence
• Further and Better Particulars
• Amendments
• Disclosure/Without prejudice material
• Witness Statements
• Experts Reports
• Pre-Trial Reviews and Timetables

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IT Litigation A View from the Trenches

• The Rules of the Game
• Recent Changes
• Front loaded the effort
• Proceeds much faster costs occur sooner
• Schedules tighter, not varied as easily
• Mediation encouraged

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IT Litigation A View from the Trenches
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IT Litigation A View from the Trenches
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IT Litigation A View from the Trenches

• The Roles of the Expert Witness
• Expert Advisor
• Educator of Legal Team
• Assistance with cross examination
• Independent and unbiased Report
• Meetings with other expert

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IT Litigation A View from the Trenches

• Dos and Donts
• Tell the truth
• Write your witness statement clearly
• Read and Digest all the relevant documents
• Check the facts
• Disclose all documents
• Answer the questions
• Explain answers but dont argue with QC
• Behaviour in court

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IT Litigation A View from the Trenches

• Dos and Donts
• Consider what constitutes proof
• Avoid legal language
• Avoid making legal interpretations

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IT Litigation A View from the Trenches

• Use of IT in Litigation
• Word Processing for written documents
• Internet delivery to Solicitors/barristers
• Internet interchange for reviewing
• Disclosure in electronic format
• Transcripts
• But the court is run on paper!

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IT Litigation A View from the Trenches

• Conclusions
• Avoid Litigation
• If unavoidable, prepare seriously