Conversations on e-discovery frequently pivot on technology; the reliability of learning systems or technology-assisted review, for example. However, the undercurrents of the discovery process are still firmly rooted in the very human practice of law and all the cultural restrictions therein. Disparate cultures, attitudes towards individual freedom and even language can drastically alter the way discovery is conducted. Navigating those challenges is as much a part of the e-discovery process as technology.
Ashley Smith, managing director at Navigant Consulting Inc., has overseen litigation in more than a dozen regions, each with its own set of nuances regarding how business and law are conducted. Smith has spent time in the United Kingdom, Germany, France, India, China, Japan, Indonesia, and the Philippines, among other countries, and her dealings with discovery complexities and cultural taboos of each have left her with a deep perspective on how these challenges can manifest in the legal process.
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