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25,034,863,845 documents. What does this really mean? Have you, as a lawyer, done your diligence? Can you say you understand the data set sufficiently to permit the certifications and attestations required by the modern discovery effort to occur? And the economics of document review with data sets this size are, well, uneconomic even relying on outsourcing. There is a current trend of choking off the volume of data at the source, so a smaller amount of data will flow into the e-discovery work stream. Clients, weary of expanding e-discovery bills related only to data volume and not underlying litigation risk economics, are bringing some e-discovery functions in-house, developing and investing in tools and processes for managing their data so they can make efforts to parse out only what is required for litigation. Less data into the traditional e-discovery workflow reduces the work and cost downstream. However, when it comes to big data, this approach may just shift these challenges to the client, rather than a law firm or e-discovery vendor. So the answer likely lies in new ways of doing things: brand new technologies and processes, involving new skill sets and, likely, yet-to-be-developed rules. The advent of big data has introduced new techniques for managing and mining data sets, as well as new processing and storage capabilities. What we see with the introduction and rise of computerassisted review (or predictive coding) is just the beginning. The introduction of analytic and data-mining tools, and the greater utilization of parallel and grid processing and searching, will have major implications and impacts on e-discovery practitioners. Indeed, in the near future, an e-discovery practitioner may not design document review strategies at all, but design processes for certifying search analytics and work closely with linguists and data analysts to do so. (Assuming the Rules of Civil Procedure even require production of all records potentially responsive to material issues in dispute in the same way at all.) But there's more: Applied in the context of litigation, these innovations may help with case analysis or proactive risk management by helping to identify correlations between disparate case elements and gain earlier intelligence about the probabilistic outcome of cases. But these promises may only be realized by new ways of thinking about discovery efforts. E-discovery has tended to become a goal unto itself, with practitioners and vendors ticking off all the boxes for each phase, striving for completeness so opponents cannot criticize process. At some point, we risk forgetting that in the litigation contest, e-discovery serves the fact-finding process for trial, and few documents are ever tendered into evidence. The new technologies permit critical records to be surfaced early in the litigation process, which should permit the earlier discovery of material facts and, possibly, a speeding up of the litigation cycle. Wouldn't that in itself have some significant impacts? Dera J. Nevin is managing counsel, e-discovery, TD Bank Group. She can be reached at dera.nevin@td.com. The opinions expressed in this article are her own. LEGAL EVENTS DESIGNED FOR THE LAW FIRM C-LEVEL EXECUTIVE West LegalEdcenter® is the leading provider of live Business of Law events for C-level law firm executives. These events will allow you to better collaborate with your C-level colleagues, as well as learn the latest industry tips and best practices on how to better manage your law firm. Below you'll find upcoming live conferences designed specifically for legal professionals at the C-level. EVENT 18TH ANNUAL LAW FIRM LEADERS FORUM Oct. 17 – 18 New York, NY $2,295 Widely recognized as one of the nation's premier gatherings of law firm chairs, managing partners, and CEOs, the 18th Annual Law Firm Leaders Forum will focus on the key trends impacting the legal market and will offer thoughtful discussions by leaders drawn from some of the world's most prominent and innovative law firms. EVENT 12TH ANNUAL CFO/COO FORUM Oct. 24 – 25 New York, NY $1, 95 Plan to join us for the premier event for law firm COOs and CFOs focusing on the strategic investments necessary to meet client demands and maintain competitiveness and profitability in the continually changing legal market. 22 Untitled-1 m1b e r 2 0 1 3 Septe www.CANADIAN L a w ye r m a g . c o m DISCOUNTS AVAILABLE Individual Discount – Receive 15% off any individual program. Use Promo Code 15LAWFIRM at checkout with any of the events. Group Discounts – We have great group discounts available for you and your colleagues. The more events you purchase, the more you save: Call 1-800-308-1700 for more information or to register. 13-06-05 11:27 AM

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