Quality Matters: Elevating eDiscovery from Task to Triumph

Quality Matters: Elevating eDiscovery from Task to Triumph

Martin Felsky

Senior Counsel

October 2, 2024

 

Whether you’re a client relying on eDiscovery or a provider delivering these services, the quality of work is pivotal. But what exactly does “quality” mean in this context? More importantly, how do you measure it and ensure it’s worth the investment? In this post, I’ll explore key aspects of quality control and quality assurance in eDiscovery and why they matter.

 

1. Ensuring Accuracy: The Foundation of eDiscovery Success
In eDiscovery, accuracy isn’t just important—it’s essential. It begins with data integrity, ensuring that collected information remains intact and unaltered from verified sources. Any slip-ups here can ripple through the entire process.

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The Price of Technological Incompetence

The Price of Technological Incompetence

Candice Chan-Glasgow                                      

Director, Review Services and Counsel

March 4, 2024

 

A recent ruling on costs from the Supreme Court of British Columbia highlights the risks for counsel who do not understand the appropriate use of generative AI and legal technology.

 

 

In Zhang v Chen, 2024 BCSC 285 (CanLII), Justice Masuhara made a rare cost order, requiring the respondent’s counsel, Ms. Ke, to pay costs personally for the additional effort and expense arising from listing two cases “hallucinated” by ChatGPT into the respondent’s Notice of Application.

 

Background

 

In a family custody dispute, counsel for the respondent, Ms.… Read More

Issues in the Recovery of eDiscovery Costs

Issues in the Recovery of eDiscovery Costs

Candice Chan-Glasgow                                      

Director, Review Services and Counsel

October 25, 2023

 

A recent decision of the Ontario Superior Court of Justice illustrates the advantage of having eDiscovery counsel assist parties to understand costs implications and how to claim and oppose eDiscovery costs. In Bellsam Contracting Limited v. Torgerson, 2023 ONSC 5652 (CanLII), the defendants sought to recover certain of their eDiscovery-related costs and costs of preparing those costs submissions.

 

With respect to the eDiscovery costs, the defendants sought partial indemnity for time spent by an “eDiscovery Specialist” who downloaded the plaintiff’s productions, managed the production load files, added documents to the eDiscovery database, and performed quality control checks.… Read More

Document Production Disputes Exacerbate Access to Justice Challenges in Canada

Document Production Disputes Exacerbate Access to Justice Challenges in Canada

Candice Chan-Glasgow

Director, Review Services and Counsel

 

August 28, 2023

 

Civil courts across the country are facing lengthy delays and backlogs. These growing delays increase costs and deny litigants the ability to access timely financial relief and move on with their lives. Indeed, delay is one of three barriers to access to justice specifically noted by Chief Justice Wagner in his 2018 remarks at the 7th National Pro Bono Conference in Vancouver:

 

It can take a year or more even to get a date for a trial that might last two months. In the meantime, parties suffer financial losses or family disharmony; physical and mental health issues remain unresolved.… Read More