Osgoode Certificate Program in eDiscovery, Records Management, Information Governance and Privacy – Day Three
In recent years, the litigation landscape has shifted slowly towards a more cost-conscious approach to document production. Long gone are the days of packing up everything (including the kitchen sink) and handing it over to opposing counsel. There is now a greater emphasis being placed on proportionality, achieved in part through meet and confer sessions and formalizing a mutually agreed-upon discovery plan to help reduce the overall cost of the litigation.
In addition, proper management of the initial stages of discovery can significantly reduce the overall costs of discovery. Day Three covered the initial steps of preservation, identification and collection, project management, proportionality and ethics.
Some Day Three items of note and best practices:
• Get the preservation stage right: it is the one phase of discovery where do-overs may not be possible;
• Don’t collect too broadly; target the collection as much as possible to reduce the costs of the processing and lawyer review phases;
• Keep proportionality alive and well in discovery by engaging in meaningful discussions with opposing counsel through the “Meet and Confer” process:
o discuss (and hopefully narrow) the scope of the litigation, by determining what types of records are truly needed for trial;
o discuss the format for production so there are no surprises;
o formalize the discovery plan in writing.
Course attendees left Day Three armed with an abundance of information on managing the costs of litigation and with hands-on experience of a mock “Meet and Confer” session.