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law Times • July 12, 2010 FOCUS PAGE 11 Technical change to open up flood of opportunities Continued from page 10 just make a copy of those, and we'll send you a CD in an hour with that information loaded on it. Why do you need to retain somebody else to come in and start getting into our confi den- tial systems?' So clients are push- ing back on that and frankly, it's been cost-eff ective and faster." Some large organizations, such as banks, large utilities, and energy companies, have even es- tablished their own e-discovery departments, says Felsky. Such companies already have a process in place should they face litiga- tion and will work with their outside counsel to respond to the matter, thereby blunting the need for consultants like Felsky to get involved in the process. But luckily for him, "Th e number of organizations in Canada actually in a position to do that is very, very small. Th ey tend to be the very largest orga- nizations, and most mid-size and large companies, and certainly small businesses, really aren't go- ing to do that and aren't going to begin to do that. So I think that there's still going to be a grow- ing market for advice on how to handle litigation as it happens." Th at's because it simply doesn't make sense for organizations that rarely get sued to invest in that type of e-discovery preparedness, according to Felsky. At the same time, he believes the threat of large law fi rms squeezing e-discovery experts out of the market is also unlikely since very few lawyers are experts on technology. "So while law- yers are just now starting to get will play a more prominent role in the document-review process, says Jaar. Th at will open up a fl ood of opportunities for law- yers with in-depth knowledge of how that technology works. "Instead of taking three months and 10 lawyers to review the volume of documents, they're going to be in a position to do the same document review with fi ve lawyers within two weeks," says Jaar. "But that really means understanding the technol- ogy and not only understand- ing the process of e-discovery, which is what we see in the market right now. Lawyers know the Sedona Principles, they know what they need to do next but they don't know how to do it. So that's a set of skills I think needs to be developed in the Canadian market." LT Only the largest companies have in-house e-discovery depart- ments, meaning outside con- sultants like Martin Felsky still have lots of business. up to speed on the new rules in Ontario and starting to get into e-discovery in other provinces, they really are never going to be in a position to keep up with all the developments in technology from their clients' perspective," Felsky says. "Th e role of a tech- nology consultant for litigation is going to become a permanent one. Some of the clients that I'm working with are beginning to realize that fact." In the meantime, Jaar believes it's crucial for fi rms to raise their games when it comes to the document-review process. Most continue to review documents in a linear fashion, methodically looking over each one individu- ally. While thorough, that pro- cess requires a lot of manpower and time, thereby raising costs signifi cantly. In the years ahead, technology Untitled-2 1 Good enough is never good enough That's the attitude we bring to every matter – because the difference between winning and losing is oſten as simple as which side went the extra mile. Our winning track record and reputation as one of Canada's ip litigation "go-to" firms is based on this dedication to detail. That's why in our experience, when you want results, "good enough" is never good enough. 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