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can become a highly specialized area, particularly where electronic data from more than one jurisdiction is involved. In addition to fully understanding civil procedure and evidence law, a practis- ing e-discovery lawyer requires compre- hensive knowledge of privacy law, access to information regimes, and private and public international law. Many jurisdictions are introducing procedural responses to electronically stored information to manage how this is presented in court. Some jurisdictions, most notably Ontario but also British Columbia, have introduced meet-and- confer conferences requiring or permit- ting counsel to discuss how and what to produce prior to discovery. Other jurisdic- tions, such as Alberta, have formalized electronic production into practice direc- tions. These and related initiatives (includ- ing the Sedona Canada principles) are components of e-discovery procedure. The third component, e-discovery operations, is a knowledge area mainly serviced by external technologists and vendors, but it is increasingly being insourced by firms and companies. Operators have developed processes for converting paper to electronic formats, and are also responsible for processing electronic data into formats that can be loaded into a document-review tool. E-discovery is rapidly growing as a discrete business sector, with many new vendors and technology offerings that permit the rapid review and analysis of data. Increasingly, review technologies are becoming adaptable and affordable. However, what is missing are evi- dence acts retooled to acknowledge that electronic evidence is dissimilar to much of the physical and testimonial evi- dence existing laws are designed for. For example, is the string below a forwarded e-mail "hearsay?" How does one authen- ticate a Wikipedia page that has multiple authors, or consider the evidence of a Facebook page without treating the data- base beneath it? Some of this law will develop incrementally, however, evidence acts need to be redrafted with 21st-cen- tury technologies in mind. Similarly, there is no suite of stan- dardized production formats, so data is exchanged according to a series of formats, some of which are incompat- ible. Since all litigation contemplates the exchange of evidence between parties, there is a strong case to be made that a certain standardization of export formats would benefit everyone. What is certain is that the use of com- puters and other information-generating and -processing devices will transform the way litigators practise. It already is — often in disruptive ways. What is open to ques- tion is how the transformation will happen and what it will mean to lawyers. Dera J. Nevin is the senior director, liti- gation support, and e-discovery counsel at McCarthy Tétrault LLP. A practising lawyer, she oversees the firm's e-discovery operations and can be reached at dnevin@ mccarthy.ca. Her column on technology and litigation will appear every second issue. Electronic Documents Records Management, e-Discovery and Trial Effectively navigate the legal challenges posed by electronic documents Electronic data is modifying how lawyers interact, changing how information is collected and used, and transforming the courtrooms. This in-depth resource examines and analyzes the issues relating to electronic documents, including: • the sources and types of electronic documents • records management policies • the legal framework governing e-discovery in Canada ORDER your copy today Looseleaf & binder • $210 Releases invoiced separately (1/yr) P/C 0283030000 ISSN 1920-1737 • the preservation, collection, processing, review and production of electronic documents • the use of electronic evidence at trial This dynamic and burgeoning aspect of legal practice is clarified and explained with extensive reference to relevant Canadian and U.S. authorities. canadalawbook.ca For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book, a Thomson Reuters business. Prices subject to change without notice, to applicable taxes and shipping & handling. CL1110 www.CANADIAN Lawyermag.com JAN UARY 2011 19 Editors: Bryan Finlay Q.C., Marie- W ith contributions from: Caroline Abela, Steve Doak, Paul D. Guy, Nikiforos Iatrou, Stephanie L. Turnham, David Vitale and John Wilkinson Andrée Vermette and Michael Statham