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TECH SUPPORT matter, depending on the scale of the case, how quickly the tasks need to be complet- ed, the complexity of the work, the cost involved, and availability of resources. If data collection from the client requires strict forensic protocols, for example, BLG will outsource because it lacks deep skills in this area. "Beyond that," Condé says, "every other part of the e-discovery process we can and will do." But if the case is a large one involv- ing hundreds of terabytes of data, it will almost always outsource initial processing to cull potentially relevant documents. (BLG is now exploring an upgrade so it can do more of this work in-house.) And if not enough junior BLG lawyers are available to do initial review of docu- ments to determine likely relevance, the firm will contract work directly to free- lancers or a vendor firm. It is even explor- ing outsourcing to offshore firms. Jaar believes it makes sense for law firms and legal departments to insource some phases of e-discovery but not oth- ers. Firms should be involved in advising clients — before the onset of a case — on good information management, the first phase in the model. They will have to be involved in identification of which docu- ments need to be collected and preserved for a specific case. In Jaar's opinion, the actual collection of data should be left to vendors. A law firm exposes itself to charges of conflict of interest if something goes amiss in the collection phase and documents or metadata are not initially collected or subsequently lost. Preservation of the data once collected and hosting it in a secure data centre are something larger firms, at least, could insource, says Jaar. It's something the client could do, but it's more often outsourced to a vendor today. "A law firm could invest in a good data centre for preservation. But the mere fact that you have a couple of servers doesn't mean you can host data." That said, relatively inexpensive new technology for "virtualization" — stor- ing and managing multiple completely separate and secure databases on a sin- gle server — does now make it more feasible for law firms to consider doing this themselves. Processing document bases, culling them using automated processes in preparation for review, is also some- thing firms could do themselves at least for small and medium-size cases, says Jaar. Software, though not inexpensive, is read- ily available. Many firms, like BLG, are already using or acquiring it. It can quickly eliminate system and program files that are often delivered on a hard drive along with data. It can filter out duplicate files — either peer duplicates, which are identical, or near duplicates, such as multiple itera- tions of messages in an e-mail thread. And it can automatically open "compound" documents such as .zip archives to make them searchable. With more human intervention, users can tell the software to isolate only docu- ments that fit a relevant time frame, and are either authored by, sent to, or received by identified players. Beyond that, they can do full-text searches on the remaining documents to find the most relevant. Search technology is evolving. Boolean 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 28 M AY 2010 www. C ANADIAN Law ye rmag.com 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. 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