Search This Blog

Thursday, May 17, 2012

Mladic and Getting Discovery Right

The Mladic trial at the ICTY has gotten off to a rocky start.  The judges today indefinitely suspended the proceedings while they consider the prosecution’s failure to meet its disclosure obligations to the defense.

The trial had just begun this week.

Mladic’s attorneys have asked for a six-month delay while they now review the evidence that should have been disclosed earlier.  At this point it is impossible to tell if the court will grant this request or will impose a shorter delay.  Either way, it’s a frustrating beginning for the final chapter of the ICTY’s trial program.

Apparently, the prosecution believed that it had disclosed over 12,000 pieces of evidence that, it turns out, it had not released to the defense.  That's a pretty big mistake.

Note to clients: make sure you handle your discovery obligations properly and don’t skimp on the legal fees.  As an American law school professor, I realize that many of my graduating law school students will start their careers at international law firms where they will work on large document review projects required by the extensive discovery system that we have in common law litigation.  Although it has a reputation for being grunt work, it’s actually a very complicated endeavor, that has to be handled professionally, and often raises complex legal issues that need to be addressed on a daily basis by fast-thinking attorneys.  And it also raises complex technical (e.g. computer) issues that, if not understood, can lead to precisely the type of errors that have derailed the Mladic trial. 

Of course, there are now specifically designed software programs to help manage the discovery process, such as Concordance, though they do not eliminate the need for sophisticated and intelligent attorneys to manage them.   In fact, I would hazard a guess that they do the reverse: they increase the need for smart and well-trained attorneys.  As the information age has radically transformed the scope and nature of the discovery process, with a much larger universe of documents to work with, properly trained attorneys are now more essential than ever.  And this is equally true in international criminal law, given the vast scope of modern atrocity trials such as Mladic, where the number of victims numbers in the thousands and the number of relevant documents reaches the hundreds of thousands.


Unknown said...

Your blog was too good. i really appreciate with your blog.Thanks for sharing.
T20 worldcup 2016 Schedule
KKR New Players List
IPL Live Streaming 2016 Score Watch Online

Unknown said...

Hello, I just loved reading your article. Also vist my blog for IPL 2016 Schedule, Fixtures, Matches timings .cheers.

Unknown said...

Asking questions are truly fastidious thing if you are not understanding something completely, except this article provides nice understanding even.
mothers day
mothers day quotes in english
funny mothers day poems in english
mothers day sms
best sayings mother day

Karan Arora said...

Mothers Day Image
Mothers Day Images
Mother’s Day Images
Happy Mothers Day Images
Happy Mother’s Day Images
Mothers Day Profile Pics
Mothers Day Cover Photos
Mothers Day Images For Facebook

Unknown said...

bakrid wishes
bakrid wishes in english
bakrid images for faceboook
bakrid status for whatsapp
onam wishes messages
onam status in Whatsapp
coloourful onam pookalam
best onam pookalam images
happy onam ashamsakal wishes
US Open Tennis 2016 Finals Live
WWE Backlash 2016 Results
Clash of Champions Live
Onam wishes

Unknown said...

ISM Review
ISM Rating
ISM Review
ism movie review
ism movie rating
ism review rating
ism telugu movie review and rating
ism hit or flop

Berry said...

Cheap Halloween Costume Ideas
Wish You a Happy New Year
Happy New Year 2018 Quotes
Best Santa Tracker App 2017

Anonymous said...
Latest Short Films hindi
Comedy Short Films hindi
Indian Web Series
best hindi short films

Berry said...

Love Shayari in Hindi
Romantic Shayari on Love
Dard Shayari
Funny Shayari
Best Gulzar Shayari
Sad Shayari Image
Love Shayari in Hindi for Girlfriend
Love Shayari in Hindi
Shayari Love
Mirza Ghalib Shayari

Delhi Escorts 9582244063 Delhi Russian Call Girls said...

The hectic world, a usual silhouette of wrinkled-faces and lack of time & good people make absolute absence of Love in our lives. Only a smile means to exist in the whole world bringing itself a Comet of Love. So it takes you believe onRussian Escorts in Gurgaon liable to fulfill your lives with real sense of love. Check our other Services...
Escorts Service in Gurgaon
Female Escorts in Gurgaon
Russian Escorts in Gurgaon
Russian Escorts in Gurgaon
Escorts Service in Gurgaon