This Discovery Counsel Database aims to make it easier for solicitors to find and directly engage skilled discovery, ediscovery and title review junior counsel. The barristers on this database have indicated where they have prior experience of discovery work and title review. They have also indicated the location of their practice, which will assist in identifying counsel for projects on-site.
We have also included a downloadable Checklist of Engagement which is designed to structure the terms of engagement of junior counsel. This Checklist covers matters including hours per week, rate and confidentiality.
Discovery is a pre-trial process by which parties pursuant to agreement or court order disclose the existence of, and certain facts relating to, documents that are or were in a party’s power, possession or procurement. These documents are relevant and necessary to the litigation and are set out in categories disclosed by way of sworn evidence.
The term "document" is widely interpreted in this context and includes images, CCTV footage, voice recordings and electronically stored information. eDiscovery relates specifically to this process in the context of electronically stored information.
Discovery aids parties in progressing litigation by arming both sides and, in narrowing the issues between them, it saves time and costs.
Trained barristers are qualified to advise on discovery, including ediscovery, at all stages and assess whether a document comes within an order or agreement, its categorisation and whether a document attracts privilege. Trained barristers are also qualified to review documents, including those relating to title.
All practising barristers are subject to the Code of Conduct and are bound by its provisions relating to confidentiality.