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PAGE 10 FOCUS July 12, 2010 • law Times discovery, and the E-discovery sector has room to grow: experts C BY ROBERT TODD Law Times anada's legal industry continues its shift into the world of electronic group of specialized fi rms helping to manage the transformation has room to grow with it, according to experts. Dominic Jaar, CEO of Ledjit Consulting Inc., says e-discov- ery specialists have broken into diff erent areas of the e-discovery reference model, which moves along a continuum ranging from information-management prac- tices to courtroom presentation techniques and services. "We're really a minority of people and we sort of informal- ly, without necessarily agreeing, went with our preference and chose diff erent parts of the [ref- erence] model to specialize in," says Jaar. "It happened naturally and it's a good thing because I think we're covering the whole spectrum." Jaar's fi rm focuses on the fi rst two steps of the e-discovery pro- cess: information management and document identifi cation. Ledjit helps companies develop document-retention policies and implement relevant technolo- gies, for example. Th e identi- fi cation step comes into play after a company has been sued and must determine what ma- terials are potentially relevant for discovery purposes and fi nd a way to preserve and collect it. For the preservation and col- lection step, companies typically retain e-discovery vendors such as Commonwealth Legal Inc. and H&A eDiscovery to process the data. Th is helps trim the vol- ume of information collected by eliminating duplicates and other redundant data. Firms like Toronto's Wortz- man Nickle Professional Corp. and LexLocom are next on the scene. Th ey specialize in the document-review stage of the reference model by providing the team of lawyers required to review the massive set of infor- mation that remains. Jaar says mainstream law fi rms are the main handlers of the fi fth stage, which involves the production of documents. Meanwhile, the fi nal stage The Law of Climate Change in Canada An essential text for those developing expertise in climate change law This is the first and only resource to provide an in-depth description and analysis of the complex and ever expanding array of domestic and international laws and initiatives addressing climate change in Canada. Containing comprehensive coverage of provincial and federal legislation and policy developments from across Canada, The Law of Climate Change in Canada also describes in detail some of the many emerging climate change law sub-disciplines, including: • carbon finance • litigation • real property • tax • securities law and disclosure Co-authored by leading lawyers and academics from across North America The editor, Dennis Mahony, is widely regarded as a leading expert in this complex and emerging new field. 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"Preparing evidence for trial has a budget that is as important, if not more important, than the process of collecting and review- ing the documents," Jaar says. "Th at's really where you con- vince the judge, so that's where you should spend energy." Most large law fi rms, mean- while, have what Jaar calls e- discovery gurus who lead the way within the litigation depart- ment. He suggests most Cana- dian fi rms continue to develop their internal processes for e-dis- covery and have yet to reach the point of actively marketing their services in this area. Firm gurus often turn to outside help from boutiques off ering e-discovery services to help them on signifi - cant cases, says Jaar. Susan Wortzman, founder of Wortzman Nickle, attests to the high volume of work emanating from law fi rms. Upon opening shop in 2007, she and partner Susan Nickle assumed the bulk of their work would come from corporations and other clients looking for someone with very specialized knowledge of e-dis- covery. But many of their retain- ers come from law fi rms that refer work to Wortzman Nickle or come to them for advice on complex cases. At the same time, Wortzman For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. Mahony_Law of Climate Change (LT 1-2x4).indd 1 www.lawtimesnews.com LT0510 5/7/10 9:06:09 AM says rule changes in Ontario ear- lier this year, which introduced the principle of proportionality, have prompted some clients to take a more active role in the e- discovery process. Many are cut- ting out third-party vendors for the collection and preservation of documents, instead opting to keep that work within their own IT departments. "It's both a cost issue and a practical issue," says Wortzman. "You're saying, 'We need the e-mail boxes of 10 individuals at the company.' Th ey're say- ing, 'Our IT department can See Technical, page 11 Editor: Dennis E. Mahony W ith contributions from a team of leading lawyers and academics from across Canada and the U.S.