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CCCA_V2No4_Dept-Technology-FIN.qxd:CCCA_V1No2_Dept-CourtLeg-V1.qxd 11/24/08 2:42 PM Page 17 In-House Technology The corollary to having a policy, of Since the loser pays in Canada, this is in be vulnerable and prepare accordingly. course, is making sure that employees fol- the interest of both sides. For further information, see: Electronic low it. “Train employees in the manage- “There’s no cookbook for electronic Discovery — A Reading List (http:// ment of electronic documents, including discovery,” Duncan stresses.“It very much www.practicepro.ca/practice/eDiscovery email, and provide direction on the depends on the nature of the litigation.” _Rlist.asp) appropriate use of business email,” Corporate counsel must consider the type Duncan advises. of litigation to which the company may Alison Arnot is a writer based in Ottawa. Once the files have been reviewed, MT_CCCA Ad.qxp 4/3/2008 2:36 PM Page 1 the document retention/destruction policy is in place, and the company’s information management has been streamlined, have a test run.The com- pany should have a process in place for implementing a litigation hold and have a drill to test it, Duncan adds. Now, it’s the real thing; the company is facing litigation from a competitor. What should it do? “The best way to save money in e- discovery is to make sure you follow the Sedona Principle of‘meet and con- fer,’” stresses Felsky. Corporate counsel on both sides can cooperate to create a “multi-tiered” discovery plan that con- centrates first on review and produc- tion of relevant data from the most accessible sources, avoiding less accessi- Looking at law from your ble sources unless it is necessary, according to cost-saving tips published perspective. by the Toronto Conference of the Sedona Institute. Both Felsky and Duncan point out Your lawyers should be a part of the team, that outside counsel will be resistant to not an obstacle to it. At Miller Thomson LLP, cooperation with the opposing side our goal is helping you to reach your goals and to limiting the scope of discovery. by offering insight, creative thinking and There’s tension between litigators and maximum value to all of our clients all corporate counsel because outside of the time. That’s how we’ve become one of Canada’s leading national law firms. counsel will want “to over-preserve, over-collect and over-produce,” says Duncan.With that in mind, corporate Essential minds for your essential business. counsel needs to push back and focus on what the litigation is about. Both www.millerthomson.com sides can agree on what’s necessary by targeting searches according to custo- dians, time frames, locations, and type of information sought. They should assess the associated burden and costs against the probability of finding unique, relevant information, accord- CALGARY LONDON EDMONTON ing to Sedona Institute principles. TORONTO VANCOUVER GUELPH MARKHAM MONTRÉAL KITCHENER-WATERLOO HIVER 2008 CCCA Canadian Corporate Counsel Association 17 CCCA64_017.indd 1 11/26/2008 05:39:20 PM