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and listing documents. I disclose rel- evant documents in Schedule A or its equivalent, including when that relevant document has elements that are redact- ed (where I redact a document, I may include an overlay that indicates the nature of the redaction, such as solicitor- client privilege, litigation privilege, or settlement privilege). Where the entire document is privi- to organize documents, it is straight- forward to produce a detailed list of privileged documents, although counsel should discuss their expectations well in advance of production. I find the use of this method for method above or not, I do recommend developing one and discussing it with opposing counsel prior to review and production. leged, I do not redact it, but list it in Schedule B. Where the entire document is irrelevant, it should not be disclosed unless it is within a family grouping that contains documents that are relevant. Where appropriate, irrelevant informa- tion can be redacted, and the method below can apply to irrelevant material. I generally apply the following rules: review, redaction, and production improves review speed and accuracy and reduces inconsistent privilege calls and errors in productions, including the need for clawbacks. Whether you use the Dera J. Nevin is the senior director, liti- gation support, and e-discovery counsel at McCarthy Tétrault LLP. A practising lawyer, she also oversees the firm's e-dis- covery operations and can be reached at dnevin@mccarthy.ca. • Where the parent is relevant and all attachments are relevant and not privi- leged, all these items should be listed in Schedule A (or equivalent); • Where the parent is relevant and not privileged, and the attachments are rele- vant and privileged or partly privileged, the parent should be listed in Schedule A, and elements of the attachments that are privileged should be redacted and listed in Schedule A; • Where the parent is relevant, and ele- ments of the parent are privileged and redacted, but the attachments are rel- evant and not redacted, all these docu- ments should be listed in Schedule A; • Where the parent is privileged, and one or more attachments are not privi- leged, the parent should be redacted, and all documents should be listed in Schedule A; • Where the parent is privileged, and the attachments are irrelevant or privi- leged, all documents should be listed in Schedule B. Parties can determine, in advance, SPECIALIZATION IN BUSINESS LAW Part-time, Executive LLM program for corporate counsel and practising lawyers Taught by U of T Faculty of Law professors, together with top international faculty from MIT-Sloan School of Management and expert practitioners. whether to include a field in the list or in the associated data file that identi- fies where a document is privileged. Most electronic evidence databases can identify this information quickly if the database has been organized to capture this information. It is appropriate to list every item independently in the listing documents, although this is not always done in prac- tice. Where electronic databases are used For more information, call 416-978-1400 or visit: http://www.law.utoronto.ca/programs/GPLLM.html TIME: EVENT: Supported by the Association of Corporate Counsel (ACC) - Ontario Chapter and in partnership with Carswell, a Thomson Reuters business. GLLM_CL_Nov_12.indd 1 www.CANADIAN Lawyermag.com N O VEMBER / D ECEMBER 2012 1912-10-25 2:24 PM

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