The team at Heuristica Discovery Counsel led by Crystal O’Donnell, CEO and Senior Counsel, will teach the “e -Discovery Advanced Theory & Practices for Litigation Support” course for The Institute of Law Clerks of Ontario (ILCO).
The eight-week course is designed for litigation support professionals and law clerks and explores the legal and practical principles of electronic discovery in a legal practice context. Using the EDRM and the Sedona Canada Principles, the course provides instruction on the issues and tasks underlying each phase of the eDiscovery process. Emphasizing proportionality and defensibility at every stage the program includes practical information and covers such things as cooperative discovery planning, the supporting evidence required for discovery motions, and the admissibility of evidence. … Read More
Heuristica’s CEO and Senior Counsel, Crystal O’Donnell, is co-chair of a group of lawyers who wish to harmonize court rules for electronic discovery across Canada.
The group, comprised of lawyers from across the country, is drafting a proposal to submit to The Uniform Law Conference of Canada (ULCC). “One of the biggest challenges right now is the approach across jurisdictions is very ad hoc and patchwork”, says O’Donnell in the December 5th Focus on E-Discovery issue of Law Times. “For any organization or corporation dealing with litigation in multiple jurisdictions, the rules are very different and some provinces don’t have any rules yet addressing electronic evidence”.… Read More
It is important to take precautions against altering document metadata during collection of data.
Note that metadata will be altered by, for example, collecting the data and then uploading it to a cloud computing service such as Dropbox. Another potential risk with this approach is cybersecurity – consider that 68 million email addresses and passwords were stolen from Dropbox. There may be justifiable economic reasons for an organization to self-collect, however, one must be cognizant of the potential risks.
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A new study confirms what proponents of analytical ?non-linear’ review or Iterative Legal Analysis & Sampling (ILAS) have been saying for some time: that it is more accurate and cheaper than traditional ?linear’ review.
The study was authored by Anne Kershaw, an Adjunct Professor at Columbia University and a practicing e-discovery lawyer. Kershaw had two teams conduct a review of the same set of documents using the same review platform. One team of three contract lawyers followed a traditional ?eyes on all documents’ approach, while the other team consisted of a single senior lawyer and a technology manager using an ILAS approach.… Read More
There is no doubt that electronic evidence has had an increasing impact on legal services, and the knowledge required to effectively deal with evolving technology.
In Ontario, this also has an impact on a lawyer’s duty to clients to perform legal services to the standard of a competent lawyer. In Ontario, under the Law Society of Upper Canada’s Rules of Professional Conduct, ?standard of a competent lawyer’ entails, among other things, recognizing limitations in one’s ability to handle a matter or some aspect of it, and adapting to changing professional requirements, standards, techniques, and practices.
Although the Rules of Professional Conduct do not explicitly mention electronic discovery, counsel should nonetheless ensure that their client receives adequate legal advice about electronic discovery.… Read More