Canadian Lawyer InHouse

Jun/Jul 2009

Legal news and trends for Canadian in-house counsel and c-suite executives

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MANAGEMENT By Judy van Rhijn e-discovery To outsource or not to outsource? With e-discovery becoming an increasingly formalized part of the litigation process, fostering an ability to meet the require- ments is no longer optional. With new rules of civil procedure in Ontario and Nova Scotia, practice directions in B.C., Alberta, in the fed- eral sphere, and the Sedona guidelines gaining widespread endorsement elsewhere, every business entity should be looking to its ability to cope with an e-discovery request. The question of whether companies are willing and able to DIY or whether a helping hand is needed requires an analysis of cost and risk that in-house lawyers are best placed to perform. When it comes to factors that can tip the scales either way, the experts agree the potential volume of litigation is a big decider. Susan Wortzman, the founder of Wortzman Nickle Professional Corp., an e-discovery legal boutique in Toronto, often INHOUSE JUNE 2009 • 35

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