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"We sometimes use our own in-house review platform, sometimes we have to outsource. It depends on the time involved, the sensitivity of the data, the number of reviewers available. We're flexible enough to adapt to any circumstance." — MELANIE SCHWEIZER, BELL CANADA identification, and collection of data. Every company should be work- ing on information management, Jaar stresses. It's a crucial prerequisite for economical e-discovery, and can really only be done in-house. It starts with establishing a docu- ment-retention policy stipulating how long documents must be retained for legal and business reasons, and then implementing systems to automatically delete files when no longer needed. This reduces the volume of data com- panies have to deal with in the event of litigation (and thus the cost of deal- ing with it) — and the possibility of damaging information being found by opponents. Most companies today allow data to accumulate with few checks, says Jaar. "There are huge costs involved in piling up data, even though we're told stor- age is cheap and getting cheaper. Yes, the hardware is cheap, but the indirect costs are high." He means the ongoing cost of data management, the cost of processing data for e-discovery, and the cost of losing a lawsuit when damaging information is found that need never have been preserved. Another crucial step is establish- ing an electronic communication pol- icy and educating employees about it. "Basically, if you don't want to read it on the front page of The Globe and Mail, don't write it in an e-mail. Maybe you should have a meeting instead. Because many litigators look [in elec- tronic records] for a silver bullet, and in many cases find it. People do write stupid things," says Jaar. Far fewer companies have moved as 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 • the preservation, collection, processing, review and production of electronic documents ORDER your copy today Looseleaf & binder • $210 Releases invoiced separately (1/yr) P/C 0283030000 • ISSN 1920-1737 • 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. For a 30-day, no-risk evaluation call: 1.800.565.6967 CL0410 FINLAY_Electronic Documents (CL 1-2h).indd 1 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. www. C ANADIAN Law ye rmag.com JUNE 2010 25 3/17/10 11:13:26 AM 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