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law Times • July 11, 2011 NEWS PAGE 5 BY MICHAEL McKIERNAN Law Times T om Granger doesn't fi t the stereotype of a legal innovator. Pioneering judge now advising lawyers on technology LegalInnovators tem into the electronic world by demanding more of these types of trials, but once again the experi- ment seemed ahead of its time. David Outerbridge, a litiga- Th ere aren't very many 75-year-old former judges at the cutting edge of the legal profes- sion. But as a Superior Court judge, Granger pioneered the use of electronic trials in Ontario. And now that he's back on the other side of the bench, the newly relicensed London, Ont., lawyer has set up shop as a one-person legal outsourcing outfi t helping colleagues leverage technology and research their cases more ef- fi ciently. He also helps clients in need of a fresh pair of eyes for their derailed matters. "My overhead is next to noth- ing, except the cost of an offi ce, Internet service, and Quicklaw and DivorceMate and some of those programs," Granger says from the offi ce of his new prac- tice at Granger Legal. "I can charge $150 an hour, which is less than some paralegals are be- ing charged at in big fi rms." With the freedom of a solo practice, the experience should be a little less frustrating than his 23 years on the bench, where technological change has come at a trickling pace. In the mid-1990s, Granger became involved with the judi- cial advisory committee to the Integrated Justice project. It en- visioned a digital and paperless justice system in the province covering the police cruiser right through to the courts. On the court side, the plan called for digital audio recording, electronic fi ling, and web-based case-management systems for criminal and civil matters. But cost overruns and delays dogged the project until it was fi nally scrapped in 2002. "It was a fabulous system they had designed," Granger says. "In a way, they were just ahead of their time. All sorts of jurisdictions now are using that type of technology to streamline their system, so I saw what I thought would be a marvellous upgrade for the judi- cial system and it collapsed." Th at same year, counsel for two sides in a dispute over breach of fi duciary trust related to the de- parture of four employees from a software fi rm approached Granger. Th e employees went on to form their own company while dupli- cating trade secrets and luring away customers from the old fi rm. Th e case started in 1998, but by 2002 it was clear the parties wouldn't settle. With more than 5,000 potential exhibits scanned into a litigation support pro- gram, the lawyers needed a tech- nologically savvy judge to hear the trial. Granger fi t the bill. Without much help from the court administration, the lawyers set up their own elec- tronic courtroom for less than $1,000 using video splitters, laptops, and monitors. Four years later and after near- ly 300 hearing days, the trial was complete. Granger delivered his Untitled-1 1 www.lawtimesnews.com 6/14/11 11:12:43 AM With new ERAssure, your executor clients get peace of mind in an unfamiliar role. Executors need your good counsel – and E&O insurance. The executor, estate trustee, or estate administrator role has always been complex. Changes in our society are adding to the significant risk of liability faced by today's executors. As a professional, you know the benefit of errors and omissions coverage in an unpredictable and litigious environment. Now you can ensure your executor clients are also protected. Current executors are eligible for a limited time, so act today. Call 1-855-636-3777 for more information or to arrange a policy. ERAssure™ is a trademark of Estate Risk Protection Plan Inc. tion counsel at Torys LLP who chaired an Ontario Bar Associa- tion committee on electronic tri- als, says Ontario has trailed other jurisdictions on the issue. While Toronto has one elec- Tom Granger, 75, talks to a colleague using Skype from his office in London last week. 700-page judgment in GasTOPS Ltd. v. Forsyth in September 2009 that ruled against the four break- away employees in an $11.4-mil- lion award. Photocopying and printing savings alone amounted to more than $50,000, according to Granger. But after accounting for time savings, he says the trial saved closer to $350,000. Rather than the bankers' box- es full of paper that have become a feature of courtrooms, "the law- yers just came with a laptop slung over their shoulder and all the data was there," Granger says. Granger notes he thought law- yers would drive the judicial sys- tronic courtroom, Outerbridge says some Australian states have fully developed systems with integrated software and pro- cesses. In Ontario, progress has been piecemeal. People can get an electronic trial, but the law- yers have to take the initiative. "Th e court computer system is not capable of handling electronic exhibits," says Outerbridge. "In one recent case, we put the ex- hibits in electronic form, but the clerks converted it to paper form and marked them by hand." In Granger's view, an unwill- ingness on the part of lawyers and judges to step outside their comfort zone has helped keep electronic trials the exception rather than the rule. "Very senior litigators never used a computer in the courtroom," he says. "Th ey probably use e-mail but they see litigating as a paper environment and they teach their juniors to liti- gate the same way. I was surprised I could never convince many judg- es to even have a look at what we were doing. I think they're afraid because they've never tried a case in an electronic environment." But at some point, the deci- sion will have to be taken out of the hands of judges, accord- ing to Granger. "Maybe it's time you say to judges, like they do in industry, the train's leaving to the electronic world on Jan. 1, and if you want to hop on board, then fi ne. If you don't, we'll let you do landlord and tenant and those kinds of actions. Somebody owes it to the public to give them back access to justice." Th is is the fi rst article in Law Times' summer series on innovation in the law. www.ERAssure.com Photo: Dale Carruthers