Lawyers need to complete a preliminary analysis of the electronic documents in a case before agreeing to firm production deadlines in a discovery plan, says Wendy Cole, director of project management and counsel at Heuristica Discovery Counsel.


“Litigation lawyers often underestimate the complexity of electronic documents, what it takes to collect them, analyze them, and then ultimately review and produce them,” she tells


There is simply no way to accurately estimate how complex and labour intensive the document review process will be until the upfront work of collecting and analyzing the data has been completed, says Cole, a Toronto lawyer who focuses on legal document review projects.



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