Your own client's disclosure is hard enough. The other side's is harder, because you don't control how it's gathered, labelled or sent. Documents arrive in batches by email, sometimes with a covering letter, sometimes not, and keeping track of what has and hasn't been provided becomes its own job.
The duty of full and frank disclosure applies to both parties (see the duty of disclosure guide). Here's a practical way to run the exchange.
Agree the list early
Disputes about disclosure are often disputes about what was asked for. Agree the categories and items early, in writing, and refer back to that list rather than to old correspondence. Where possible, list items specifically, with the period each statement should cover.
Track their documents against the list, not your inbox
When the other side's documents arrive, record each one against the item it answers. That makes gaps visible straight away, and it gives you a clear answer when you need to say, in writing, what is still outstanding.
Check before you count
Figures from the other side shouldn't go into your balance sheet unchecked. A value in a covering letter may not match the statement attached to it, or may be from a different date. Keep their figures separate, marked as needing review, until someone at your firm has checked each one against its document.
Ask for better copies specifically
If a statement is incomplete or covers the wrong period, ask for a new copy and say exactly what's wrong. Keep the earlier copy on file. Over the life of a matter, the history of what was provided and when can matter.
Keep a register of what you serve
Disclosure runs both ways. For every document you disclose to the other side, record:
- the date it was disclosed, and who disclosed it
- what was disclosed
- whether, and when, it was downloaded or received
If a document is disclosed in error, or before it was redacted, record that it was withdrawn and why. A clear register answers the question "did you ever send us that?" in seconds.
Make it easy for them to comply
The easier the exchange is for the other side's lawyers, the faster it moves. A secure page where they can upload against your list, see what's been sent back and why, and download what you've disclosed to them, saves both firms time.
Protect what they shouldn't see
Whatever system you use, the other side should see only what they've provided and what you've disclosed to them. Never your client's other documents, your notes, your reviews or your working figures.
How Matter Folio handles it
In Matter Folio, you invite the other party's lawyer to the matter. They upload their client's documents to their own secure page, and their entries appear on your balance sheet marked Needs review until you approve them. You serve your client's accepted documents in one step, and the register shows the date, the documents and when each file was first downloaded. See disclosure with the other side.