Sedona Canada Principle number 9 reads as follows: "During the discovery process parties should agree to or, if necessary, seek judicial direction on measures to protect privileges, privacy, trade secrets and other confidential information relating to the production of electronic documents and data."
Virtually all litigants (and, probably, an even greater proportion of their counsel) are acutely aware of the importance of protecting privileged and/or confidential information from review by outsiders, particularly when those outsiders are their opponents in a legal action. With the dramatic increase in the volume of searchable and discoverable material made possible by modern business technology, there are two issues that solicitors must address.
The first of these is the inadvertent disclosure of material that should have been kept confidential, due simply to the volume of material and human, machine, or procedural error. You should ensure that "claw-back" or other suitable agreements are in place with all parties to minimize the consequences of this type of occurrence.
The second issue is cost. The quantity of discoverable information for even the simplest legal action is so large that review of every document by human eyes is impractical in terms of both time and money. Some amount of automation in this process is inevitable.
It follows that you should carefully structure the search parameters for your client's data to ensure that as much confidential information as possible is excluded at every stage of the review. Similar considerations will be on the minds of opposing counsel as well, of course, which is why the electronic discovery plan for the action is such an important part of case management.
eDiscovery Solutions is ready to assist with all phases of this process, from initial client meetings through detailed strategy planning, "meeting and conferring" with opposing counsel, document processing, and all the way to trial if necessary.
Call eDiscovery Solutions todayat 416-537-3529, and put our experience to work for you!