Monthly Archives: April 2013

Go Figure

Called upon to give advice to an excited 27 year old who had just heard she had been offered her dream job and wanted to give her current boss a piece of her finely educated mind, I believe I was able to prevail upon her that that particular approach is almost always doomed to ultimate failure however satisfying the moment of delivery is at the time.

I said to my young friend that she should remember the rule that, if possible, you should always try and leave a job in as positive and friendly a way as possible as you never know when you may want or need the help of someone there in the future.

Put another way, you should always be careful of the toes you step on today as they may be connected to the feet you have to kiss tomorrow. Continue reading

Techno Security Event

Millnet’s Head of Forensics, Stuart Clarke, is one of the speakers at the forthcoming Techno Security Event in Myrtle Beach, South Carolina. The event takes place on June 2nd to 5th 2013.

Stuart is speaking on the implications of emerging cloud solutions for creating documents suchas Google Drive and Office 365.

Click here for more information:

Hurry, as there are only a few places left!

Fairy Story? Not if you are Irish!

 According to the National Leprechaun Museum, the leprechaun is a mythological Irish character. Usually male and dressed in green, the little man is often a shoemaker providing dancing shoes for fairies. Because fairies like to dance, the leprechaun is kept very busy. In fact this is the best way to catch one. If he is so busy with his hammer repairing the fairies’ dancing shoes, he may not hear you coming!

My source informs me thatt there are also female leprechauns but they are rarer and much more difficult to catch than the male. I suppose that Irish Alice in my picture was captured because she was preoccupied with the two oversized bottles of “something good for you” next to her!

But let’s be serious for a moment!

There is nothing mythical about recent develpments in e-discovery in the Republic of Ireland. Continue reading

Paris Blue

Authors often say they experience difficulty in deciding on a title for their scribblings. Naming a film, book or poem can pose problems, although sometimes the answer is obvious.

Think about Jane Austen’s eponymous novel Emma! Mansfield Park and Northanger Abbey are similar no brainers and even Sense and Sensibility, Persuasion and Pride and Prejudice are each about just those things. Jane was clearly switched on!

Perhaps it was easier in those days? Continue reading

April Fool

April 1st has come and gone once more.

This year All Fools’ Day fell on Easter Monday and as such was not a working day for most. Nonetheless, unless you have inhabited a different planet from others for much of the past six months you will know that the new CPR rules about disclosure, costs management and budgeting came into force on that, hopefully not inauspiciously named, day.

Back in April 2010 I wrote a piece called April Fowl. Then I was more concerned with the origins of the idea of April Fool but now the new rules are in force I am concerned about the dog’s breakfast rather than the fish which people used to stick on their backs on April 1st (which is why the French call April Fool a poisson d’avril.)

The new rules have been introduced in a piecemeal fashion. My hope is that they have been sufficiently well trailed, for example, by pilot schemes in the Mercantile Courts and the TCC, that their adoption will proceed smoothly. My fear is that we will face satellite litigation before the intent and meaning of the rules are accepted by all. At least we have two Court of Appeal judges designated to deal with the appeals which such litigation is bound to throw up.

We will have to wait and see, but whatever the outcome over the next few months, I happen to believe that the new rules are the start of something good even if they might have been introduced in a more professional way.

We should also be in no doubt that the judiciary intend to make the rules work from the outset. The March 22nd speech by the Master of the Rolls to the District Judges’ Annual Seminar 2013 makes it clear that the judges will not tolerate a lax approach to the implementation of the rules. The overriding objective now contains a specific reference to proportionate cost and anyone who is foolish enough to think that they can deal with disclosure in a pre April 2013 manner, should receive a pretty unsympathetic hearing on an application to the court.

Talking of fools (we were, weren’t we?) you may have missed a story in the New York Times which must have made the participants feel particularly foolish? In an article entitled In Pursuit of McAfee, Media are Part of Story, the paper reported the arrest of fugitive John McAfee as a result of an inadvertent revelation of his whereabouts. Journalists working for VICE magazine posted a dispatch with the “smirking headline, “We Are With John McAfee Right Now, Suckers.”

An alert reader noticed that information about the fugitive’s location was embedded in the photo they published alongside the article and told the world via Twitter. Suddenly McAfee’s whereabouts were no longer a secret and shortly afterwards he was arrested!

Not an April Fool! It really happened!