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ARTICLE · 17 NOVEMBER 2020

The challenges of chat in eDiscovery as COVID brings changes in work behaviour and working from home

Discussion about the challenges that the growth of communication channels, including chat, brings to discovery.

AustraliaLitigation, Mediation & Arbitration
Chris Dale
Chris Dale

In May 2011, a US Magistrate Judge talking at an eDiscovery event in London said that email's days of dominance were numbered. The next phase, he said, would be dominated by people sending short messages to each other and chatting. It would make discovery extremely difficult.

That was two months before Snapchat launched. WhatsApp was two years old. Instagram was a year old and did not add messaging until 2013. Slack launched two years later. The judge's comments were prophetic.

Back in 2011, people still wrote in whole sentences on a handful of formats and platforms, and IT still had some control of the devices attached to networks. But SMS, launched in 1992, was forming an ever-larger proportion of communications, aided by phones and tablets with keyboards. Simple messaging grew into real-time conversations, which could be private or public, in closed groups or open to all. Communication platforms crowded the market, whether dedicated (like WhatsApp) or

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