We are used to the concept of physical discovery of documents in legal proceedings, but of increasing importance is the ability to review documents in their original electronic format. This has a number of advantages because all electronic documents contain "hidden" information, not visible in their normal, hard copy format. This often includes the identity of the computer used to create or amend the document, the name of the author and a history of corrections and changes. This may provide new leads, or lines of inquiry, in the course of an investigation. Also, by holding documents electronically, large amounts of information can be indexed and cross-referenced and be instantly available to the investigations team.

Example

In a dispute over professional fees, a client was emailed the "work product" in the form of a substantial report. Subsequent analysis of this electronic document, together with follow-up research, showed that the document had originally been prepared for another client and altered in very minor respects for the new client. This enabled a very substantial reduction in fees to be negotiated.