Departments

Monday, 04 March 2013 08:00

Why does e-discovery cost so much?

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_dera-nevin.jpgI often use this column to answer questions I am asked in my practice. So it’s time to tackle the most common question I hear: “Why does this e-discovery cost so much?” Many can’t stomach e-discovery because it’s inscrutable, leaves little measurable benefit, and simply costs a lot.
Monday, 04 February 2013 08:00

A broader vision

Written by
Photo: Sandra Strangemore
Photo: Sandra Strangemore
Newly elected deputy prosecutor of the International Criminal Court, James Stewart, has not led an everyday life. Although he was educated like many other Canadian lawyers, having earned a BA from Queen’s University, a master’s from Université de Laval, and a law degree from the University of Toronto, Stewart knew early on being a cookie-cutter lawyer was not for him. He wanted to be elsewhere — and he found what he was looking for in Tanzania and The Hague. “I was never interested in the business of law,” says Stewart. “I was interested in travel and the wider world. I read history. I worked in the West Indies after my first degree. I travelled to Europe right after my call to the bar in 1977. I was always drawn to things outside my immediate experience.”
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2013_February_tech_km_copy.jpgAmong the various knowledge management conferences and seminars I attended in the last year, two in particular exemplify some of the divergent preoccupations of the field.
Monday, 07 January 2013 08:00

Not just for the big guys

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_dera-nevin.jpgE-discovery is commonly associated with large files, often those involving tens of thousands (or more) of documents. As such, there is a perception that significant e-discovery lies solely within the purview of large firms.
Monday, 12 November 2012 08:00

It’s tough to kick someone out of their castle

Written by
Image: Dushan Milic
Image: Dushan Milic
What do you have to do to get yourself thrown out of a condominium? What if you are caught on a video surveillance camera pulling a neighbour’s hair, breaking her glasses, and punching her in the face? And what if you are also accused of assaulting two other neighbours — including an 80-year-old woman — and you leave a voicemail message saying, “you fucking bitch, I’ll get you” for one of the witnesses?
Monday, 12 November 2012 08:00

A lifelong passion for the law

Written by
Photo: Grant Romancia
Photo: Grant Romancia
As a young boy growing up in Unity, Sask., Tom Gauley knew exactly what direction he wanted his life to take: “I only had one thought in my mind — that I wanted to be a lawyer.” Eight decades later, with a long list of accolades and achievements to his name, including the Order of Canada, he still goes to the office every day. He has no plans to step down from the helm of McDougall Gauley anytime soon. “Not as long as I have my health — health is everything and I’m thankful for it. When you consider I couldn’t pass the medical when I tried to enlist in the army. In retrospect, thank goodness, I probably wouldn’t be here.”
Monday, 01 October 2012 09:00

Litigation support software conundrum

Written by
Illustration:Jeremy Bruneel
Illustration:Jeremy Bruneel
In most circumstances, a legacy is a very nice thing to have. But not in the world of information technology, where owning legacy software or hardware is rather like inheriting your grandfather’s 1990 Oldsmobile — it still runs and gets you where you are going, providing you don’t want to go too far or too fast, so you are reluctant to get rid of it, but it costs a fortune to maintain and occupies space in your garage that might otherwise house a brand new SUV with back-up cameras, parking assistance, and myriad other technological enhancements.
Monday, 01 October 2012 09:00

Law firms need document retention policies too

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2012_October_jason_leung.jpgThis article will discuss document retention and destruction practices that Canadian law firms are using today. If your law firm doesn’t already have a document retention and destruction policy for both paper and electronic files, it should implement one as soon as possible.
Monday, 03 September 2012 09:00

The problem is enforcement

Written by
Illustration: Oleg Portnoy
Illustration: Oleg Portnoy
In an attempt to further establish its reputation as a leading international arbitration body, the China International Economic and Trade Arbitration Commission revised its rules on May 1, 2012 to be more in line with respected organizations like the International Chamber of Commerce. With Canadian imports and exports to China rising every year ($44.5 billion and $13.2 billion respectively in 2010), will these new rules do anything to solve the problem foreign companies have in enforcing their arbitration awards in China? The short answer is not really.
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_dera-nevin.jpgIncreasingly, lawyers are “going native” for production. The trend appears to be in its early stages, but all indications are that the use of native productions is expanding. Examples of this phenomenon include lawyers asking their opponents for Microsoft Excel and PowerPoint documents, or agreeing to turn over video and voicemail messages rather than producing a transcript of those items. It’s possible that soon only documents requiring redaction will be exempt from requests for native production.
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