Few litigators approach e-discovery systematically or strategically, says David Outerbridge in Canadian Lawyer

What's Your E-Discovery Strategy?

January 15, 2009

Alarm bells have been ringing for years, warning litigators that they need to get up to speed on e-discovery—and fast. The clear message: learn the ropes now before your first or next case involving electronically stored information (ESI).

Too many Canadian lawyers, though, still have their heads in the sand. Co-presenting at the first Canadian Law & Technology Forum (Insight Information) in Toronto in November, David Outerbridge , chair of Torys' E-Discovery and E-Discovery Implementation Committee, a joint effort of the Ontario Bar Association and The Advocates' Society, argued that it is not enough to be vaguely aware of the issues.

Not many litigators today approach e-discovery systematically or strategically—"a growing minority," guesses David. Most wing it.

Why do litigators need to think systematically and strategically about e-discovery? And what does it entail?

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