Canadian Lawyer InHouse

SEPTEMBER 2015 38 INHOUSE technology isn't a one-size-fi ts-all exercise. Each company can get the tools customized to its needs, she says. According to Manning, one important aspect of ensuring you have the right tech- nology is making sure the tools help you with information governance and preserva- tion for doing legal holds. Most importantly, getting your house in order before there's litigation is important, says Wilks. "Folks only turn their minds to that when there's an event, not before an event," he says. "Look at all your information and decide whether or not that information could be the subject of a discovery exercise — what it is, where it resides, and how best to extract that information." The benefi ts of putting these systems in place and having good information management systems extend beyond e-discovery, Manning says, especially in an era of data breach and fears around cyber threats. Companies are realizing that if they have a breach, and documents are not in order, it could be a real problem. "They may have customer data that's been stored for 10, 15 years that gets hacked when really that information could have been disposed of if they had proper procedures in place," Manning adds. IH SEVEN TIPS ON DOING E-DISCOVERY RIGHT • Get to know your company's IT systems: Understand where information is stored, and think beyond e-mail and hard-copy documents. • Know your limitations: You may be unable to capture some or all of the information stored in specifi c devices at your company. That may be the case, for example, if your company asks employees to bring their own devices to work. Create a policy around what information you can capture and what's beyond your capabilities. • Know what you're doing: Learn as much as possible about the e-discovery system before you jump into the work. • Find capable people: Ensure you have the best possible team armed with the right training to do the work. A good balance of technological and legal knowledge is important. • Limit scope of production: Work with opposite counsel to reach consensus on what's required for production. A more manageable scope will reduce costs and allow for greater effi ciency. Be careful not to under collect information and get called out by opposite counsel, regulators, or, in some cases, the general public for incomplete production. • Get the right technology: There are various tools out there to help you do e-discovery better. Find out what works best for your company and its needs. Get the right system in place before litigation arises. • Seek external expertise: Getting a second opinion on your processes may work to your advantage. Talk to an e-discovery expert to see what you're doing right and what you could improve on. Whether we're advising a multi-million dollar enterprise or an entrepreneur who aspires to be one, our experts work closely with you to develop optimal solutions that meet all your audit, tax and advisory needs. With offices from coast to coast, trust the professionals at Collins Barrow for the objective, actionable advice you need to maximize opportunities in virtually every area of your operations. Close the big deals with Collins Barrow. Going big or going home? Size does matter 6016_Canadian_Lawyer_InHouse_Sept_FINAL.indd 1 2015-08-07 4:25 PM

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