Canadian Lawyer

April 2019

The most widely read magazine for Canadian lawyers

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w w w . c a n a d i a n l a w y e r m a g . c o m A P R I L 2 0 1 9 45 L E G A L R E P O R T e-discovery tools. McCarthy Tétrault is one major firm that supports and hosts data for smaller firms, says Wortzman. Indeed, outsourcing e-discovery, in whole or in part, is becoming much more prevalent, says Baker McKenzie's Nevin, either because lawyers wish access to specialized advice or ser- vice or to gain an edge over an adversary within a matter. "Others find outsourcing achieves efficiencies and cost savings for clients. In some cases, clients require it." Eyeing the future (and bottom line) Over time, the costs of e-discovery will go down, Glover pre- dicts, as technology takes us to the next level, to be smarter and more efficient. But practitioners agree that the savings on human cost cannot be overestimated. The use of technology saves the labour of associates and articling students, as well as reducing the services of contract lawyers to do review. That said, "we still need lawyers to review and apply legal judgment," says Wortzman. Lenczner Slaght's Millar sees the future in platforms that will analyze documents considering its merits, provide an analysis of case law and put evidence in a broader context. "It's the inevitable next step." Technology is coming down in price, she agrees, and will be instrumental in levelling the playing field. "Small practi- tioners can use the technology without an army of associates or outsourced lawyers." Lenczner Slaght founding partner Glenn Smith recalls how he and four other lawyers left a major Bay Street law firm in 1992 to open their litigation boutique. "We started doing cases, we researched on a computer," he says today. "By 1992, our research was as good" as that of the firm they'd left — which employed a director of research commanding a half- million-dollar salary — "and we were able to compete because of technology. "Technology always levels the playing field," he says. "It just takes time." "You cannot go forward without controlling electronic data. It's impossible." Glenn Smith, Lenczner Slaght Royce Smith Griffin LLP Untitled-1 1 2018-04-24 11:16 AM

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