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and data, and can conduct more complex searches with increasingly sophisticated search engines. Electronic data sets can also consist of data in "native file formats," the file formats proprietary to the specific applica- tion in which the data was generated. For example, a letter created in Word would be presented in .doc or .docx format. With native electronic documents, items are searchable because the components of the document — from the individual words to the formatting — are indexed by the computer. Since it is the index that per- mits and facilitates the searching, infor- mation within native file formats should be indexed prior to search. Two native/near-native file formats that may not always be searchable are pdf documents and e-mail attachments. (I will not tackle the ongoing debate about whether pdfs are native or non-native in this article.) Pdf documents are images of printable pages, usually associated with the Adobe brand. A pdf is a complex document format, in that pdfs can also be native documents. However, like their tiff counterparts, pdf images may not be text- searchable without OCR. Similarly, attachments within e-mail applications may not be searchable, partic- ularly within the Microsoft Outlook envi- ronment. In many versions of Outlook, the "search" feature does search e-mails and the metadata associated with e-mails (including date, names, subject line, and the title of any attachments). However, many versions of e-mail databases can- not search the content of attachments. Separate processes, notionally similar to OCRing, must be undertaken to make many of those attachments searchable. Since even native file formats may require processing to ensure all content is available for search, it is important that those handling your native file formats are ensuring electronic data is rendered searchable and indexed. Many e-discov- ery processing applications can generate exception reports that will show whether all files are indexed, or which files were not able to be indexed. Ask for them. For those negotiating discovery agree- ments or discussing the parameters of e-discovery with opposing counsel, the usefulness of any search terms may depend on what stage in the evidence collection ntitled-3 1 those terms are applied. Take care to use search terms at the point of collection of relevant documents if the electronic data sets are not fully searchable and indexed. This suggests that different search lists may be needed prior to the collection phase and at the culling/review phase. The degree of searchability can also be affected by the culling/review tool used, as some cannot render searchable or index the text within attachments, particularly images. Although searchability, and its under- lying technology, can be complex, it is but one benefit of moving to an electronic review platform for discovery. Lawyers who ensure their electronic data sets are fully searchable stand to make the greatest use of this feature. Dera J. Nevin is the senior director, litigation 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. Practice Management LexisNexis® PCLaw® Accounting software that SPEAKS LEGALESE. PCLaw® billing and accounting software combines what you need to track your time and money all in one system — from time and billing to trust accounting, cheque writing, financial statements, client identification and verification, automatic backup, offline file management, advanced reporting tools and more. Best of all, it's easy to use and ready to go to work instantly. Download and Try PCLaw for FREE* For more information, call 1-800-328-2898 or visit www.lexisnexis.ca/pclaw. * Download PCLaw free for 30 days. Certain conditions apply. LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under licence. PCLaw is a registered trademark of LexisNexis Practice Management Systems Inc. © 2011 LexisNexis Canada Inc. All rights reserved. www.CANADIAN Lawyermag.com M A RCH 2011 19 12/9/10 4:12:40 PM