Delium has been designed to replicate the way litigators think and work. Delium is an excellent solution for small to medium-sized evidence collections, representative of over 90% of all litigation. Delium’s intuitive interface and analysis tools are easy to set up and once documents have been uploaded to Delium, Users find that they are easily able to search, review and analyse documents without ongoing consultancy support
Delium is an evidence management system designed to facilitate the litigation cycle digitally for both eDiscovery and eTrials. This column focuses primarily on the eDiscovery solution.
Which practitioners would find this technology useful?
Litigation solicitors, barristers, judges and their associates, paralegals, law clerks.
How does it work?
Delium allows a user (such as the law firm) to create a single library of evidence containing all documents to be reviewed for the discovery process. As documents are uploaded into the system, which can be done as a bulk upload or in discrete groups over time, all content including metadata becomes text searchable regardless of the nature of the file (ie, .doc, .pdf etc).
Once documents are uploaded to the case library, they can be arranged in any number of ways – bundled and tagged within subsets; annotated, highlighted or redacted; allocated as being subject to legal professional privilege. As documents are organised, they will be automatically hyperlinked to one another so the reader will be able to click through. The automated nature of the hyperlinking is a time-saver.
Another feature of Delium is its ability to identify and sort duplicates automatically. Again, a process that would take time as a manual process is completed quickly and with more reliability than manual identification processes.
A particularly sophisticated part of Delium is its distinction between documents being accessed collectively and individually. While certain information and tags can be attached to documents as something that anyone reviewing the document can see, individuals and teams can annotate and highlight documents which only they can see. This functionality can be particularly useful, for example, for a barrister. In a trial, they can see the document with their annotations but other parties or the judge can only see the “clean” version.
The functionality of Delium being not just an eDiscovery but also an eTrial solution is a key part of what makes it particularly useful for practitioners. Time spent analysing, annotating and coding documents at discovery phase is then able to be exploited at trial phase.
The search functionality is sophisticated and one of the core benefits of Delium. Users access an easy to use Google-type search tool which allows searches for single words or phrases and with some boolean links. The search will look to not just text content but also associated metadata: for example the sender or the date of sending of an email. Other “Google” type search features exist, for example – the ability to review searches for the 100 most frequently used words throughout the documents in the evidence library or within a particular subset.
Hyperlinks are generally created automatically based on document description and using the alpha numeric coding for each document. However, free text hyperlinking can be also configured eg, linking to all documents which use the text “Sydney tunnel collapse”.
Delium has a ‘Key Documents’ module that enables users to subscribe to certain key documents and thereby receive updates of any changes made to those documents within the past 24 hours eg, privilege being added by another user etc.
Internal private comments and questions regarding documents made by users can be grouped as a single bundle of issues to deal with for whomever is managing/reviewing a case, which creates an efficient way to manage document review of a legal team.
Delium has a chronology feature that creates automated chronologies by collecting sequences of events.
It has sophisticated alias management where it can be taught name permutations and thereby identify and link documents with various permutations and aliases.
Clients and witnesses can be provided with access to the library but practitioners are able to control what can be seen and what levels of modification can be made by such parties.
Price on request – cost may vary depending on scale of project and whether used in conjunction with other offerings.
Cyber risk, as with any cloud offering, is present with confidential and sensitive data moving beyond a firm’s internal systems. The usual inquiries should be made regarding hosting set-up, cybersecurity features, privacy policies and data remaining with Australian servers.
A level of comfort with using technology is required of all users. Likewise, the efficiency gained at the eTrial stage would be most heightened when all parties, including the court, agreed to use the system. Given the sophistication of the system, training would be required for all users.
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