Martin Felsky

“Your Honour, the letter I’m referring to is in volume 4, Tab 3. [Pause.] Sorry, the pages aren’t numbered. [Waiting.] It’s about ten or twelve pages in. [Pause.] Sorry, I meant Volume 3, Tab 4. About half-way in. [Waiting.] Are you with me?” [Pause.]
[Two hours later:] “Your Honour, I believe counsel are agreed that we [...]

One big reason: failure to use technology for an e-hearing. From the CBS News story of April 27th, 2010:
“While the massive, 901 page binder of exhibits indicated the depth of the investigation, it also served as a convenient foil for the former Goldman Sachs executives during their interrogation. Rather than answer questions, they often killed [...]

Circle September 22 and 23, 2010 on your calendar to attend the inaugural Canadian Forum on Court Technology at the Brookstreet Hotel in Ottawa. This will be a chance to have a larger meeting of Canadians that are interested in court technology as well as an exciting opportunity to collaborate with the broader justice community [...]

Canadian corporations and their counsel are not fully equipped to handle the dramatic new changes in electronically stored information that are desperately required. Having an electronic records management program that isn’t well managed is like carrying on business without insurance. If you get sued, there will be an enormous cost.
You can prevent that.
Attend eDiscovery Canada in [...]

The problem is that when litigation threatens, individuals have no choice but to go through their records, sometimes frantically, to ensure that they have the records that they need to instruct their lawyers appropriately.

See the Montreal Gazette article here. As online privacy is eroded, there are more opportunities for litigators to mine for gold.

If you are going to drive yourself to the airport, it might be useful to have a map or GPS, a copy of the Highway Traffic Act, and a licensed driver who follows the rules. In e-discovery if you are not going to get some qualified help, you should develop internal protocols to establish the defensibility of your processes.

The CBC reports: “In his new book, Delete: The Virtue of Forgetting in the Digital Age, Viktor Mayer-Schönberger writes that forgetting is a natural human process, and that digital technology and cheap storage are creating all sorts of unexpected problems.”
via CBC News – Technology & Science – Society needs to teach digital systems how to [...]

Are you a law firm IT person struggling to understand what your role in e-discovery is all about? Are you concerned that clients, lawyers and law clerks in your firm are sending you hard drives, DVDs and other media and asking you to “put it into Summation” or some such other nonsense? Are you wondering about the [...]

In addition to two wonderful trips – one to Halifax and one to Denver, September and October were dedicated to teaching 1-day e-discovery workshops at a prestigious litigation firm. Every lawyer, law clerk and IT person in the firm attended. Of the 61 students filling out their evaluations, 9 agreed and 52 strongly agreed with [...]