Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m S e p t e m b e r 2 0 1 4 19 LIVE EVENTS DESIGNED FOR CORPORATIONS AND LAW FIRMS Thomson Reuters Legal Executive Institute is the leading provider of CLE events for the legal industry. Below you'll find upcoming live conferences that might be of interest to you and your team. You can register for yourself and any members of your department. Registration can be applied to anyone in your company – a different person could attend each event. Drafting Clearer Contracts September 11 – Boston, MA October 9 – Minneapolis, MN October 30– Washington DC November 6 – New York , NY Decmeber 11 – San Francisco, CA $895 Institute for Corporate Counsel December 10th - New York $299 DISCOUNTS AVAILABLE Individual Discount – Receive 15% off any individual program. Use promo code 15CORPORATE at checkout. Group Discounts – We have great group discounts available for you and your colleagues. Call 1-800-308-1700 for more information or to register. The more events you purchase, the more you save: • Purchase 2 registrations, get 20% off • Purchase 3 registrations, get 30% off 2014 Corporate Whistleblowing Forum September 30 - New York $595 The 2014 Thomson Reuters Supply Chain Sustainability Summit October 15 – New York , NY $795 2 WAYS TO REGISTER westlegaledcenter.com 2 1.800.308.1700 1 cannot overcome these challenges, but that these must be acknowledged as a function of the delivery model. Con- cerns about security, confidentiality, and privilege are not avoided with on- premise reviews, as security can be lax even where reviewers come together, but the effort required to check on this may be lessened. Certain review contexts preclude off-premise review altogether by operation of law. Status of reviewers. Reviewers are frequently not employees of the enti- ty engaged in the document review. Reviewers may or may not be called to the bar, in good standing, or insured, and requirements can vary by jurisdic- tion. There may be indemnifications each has signed in relation to their temporary employer. The quality of conflicts screens prior to assigning law- yers to projects may vary widely; it may be formalized, done at an individual or matter level, or not at all. The use of lawyers. Some document review is best done by non-lawyers. I have required engineers, nurses, or other subject matter specialists in certain con- texts, with overall lawyer supervision. Similarly, the degree of legal knowledge and education required may depend on the question being asked and answered within the review. Sometimes, paralegals or university students can do the work just fine. Product category. In your decision to outsource, what are you buying? This matters. The business model of docu- ment review companies varies: some are effectively staffing agencies, promoting lower cost but having minimal process- es. Others are effectively selling their process, which is generally standardized sufficiently to lower cost. The difference is material: one commoditizes the wage, the other structures the process in a commoditized manner. Supervision and quality. How do you know that you got what you paid for? There are different ways to answer this question. Are you buying a product that requires additional (supervisory) review, or are review mechanisms built into the deliverable (such as through standardized reporting)? Who validates the review results, and how? How are "interim" errors identified and correct- ed? What happens when the "interim" errors involves interpretations of law? Where a client or law firm decides to subcontract document review, it may want a knowledgeable lawyer to confirm the arrangement, process, and proposed deliverables (including reporting), which will serve to minimize overall risk. The risk of implementation falls with exter- nal counsel and ultimately, on the client. Indeed, savvy clients, including those that have ultimately borne the economic burden and reputational risk of failed document reviews, may learn to insist on lawyer-structured and supervised review. Dera J. Nevin is an e-discovery lawyer with a focus on strategic process and technology initiatives, and matter and program cost containment.

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