The numbers on e-discovery projects can be staggering both from a dollar and document perspective. E-discovery can represent 50 per cent of the cost in a litigation matter. It can also be a process where 50,000 documents are looked at for 200 that really matter.
According to the Association of Corporate Counsel Chief Legal Officers 2017 Survey, the percentage of in-house counsel in Canada who say they are sending e-discovery work to outside firms is projected to be 73 per cent in 2016-2017, up from 55 per cent in 2015-2016. The survey shows there has been a drop in work outsourced to LPOs/LSPs from 19 per cent to six per cent.
From small files to larger matters
At Clyde & Co in Montreal, partner Jo-Anne Demers says on small files the firm can process and host data in-house.
In larger matters with multiple terabytes of documents they are looking at other solutions for clients. By using the services of independent legal contract lawyers and a dynamic pool of lawyers reviewing the documents, the firm has came up with a new approach. With the contract lawyers and using an e-discovery platform, they have worked on a number of large files with greater efficiency.
If well managed, e-discovery doesn't have to be entirely painful
"We meet with the review team every week and discuss the issues. As the group evolves they become very sophisticated and can identify what is key to a file — that is very important. One of the key issues is documentation review.
The devil is in the details. Once you have a team that owns the project they will pay attention to what you are reviewing and that's when you find the ace in the hole that will help your case," says Demers.
This article is an extract of the article written by Canadian Lawyer inHouse
Mapping Out An E-Discovery Strategy
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
