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61945.02Written by a member of Ontario’s Ministry of the Attorney General, this paper looks at the challenges that e-records pose for the traditional law of evidence, how that law has worked to adapt itself to the electronic age, and how the adapted law can be made to work for records originating in social media. Bibliography attached. This paper is part of a collection presented at LESA’s 2015 Social Media in the Courts program.
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61945.01This paper lays the groundwork for an informed discussion of the technical and legal aspects of social media, answering questions like:
- If a lawyer has access to a potential juror’s LinkedIn profile, should she look at it?
- Should lawyers use social media for business communication?
- Are there risks to using social media for business communication?
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61927.06Presented by a document management company representative, this paper provides information about the types of litigation-related software available on the market today. The author provides details on the main features and benefits of each, organized according to the stage of litigation to which they apply. This paper was presented at LESA’s Document Management in Complex Litigation Files program offered in February 2015.
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61927.05This paper outlines what paralegals needs to know, from a case management perspective, when involved with a complex litigation file. The author references the applicable Rules of Court, discusses issues in scheduling and provides organization tips. Sample litigation plans are included. This paper was presented at LESA’s Document Management in Complex Litigation Files program offered in February 2015.
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61927.04It is important to ensure that a coherent and cohesive method of facilitating electronic exchange of records is agreed to among litigation parties. This paper looks at the issues involved with electronic document sharing, providing an insight into best practices in this area. Specific topics include Practice Note 4, arriving at document protocols and various ways of exchanging data. A sample draft protocol document is attached.
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61927.03The authors discuss the relationship between a lawyer’s ethical duties under the Law Society of Alberta’s Code of Conduct and the process of e-discovery. They also demonstrate how easy it can be to contravene those provisions. Specific topics include legal process outsourcing (or LPO) by firms and the issues surrounding it. This paper was presented at LESA’s Document Management in Complex Litigation Files program offered in February 2015.
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61927.02Discovery of documents has changed, primarily because electronically stored information (or ESI) is dynamic and not static like paper documents; and it is more challenging to identify, preserve and collect. In this paper, the author outlines the step-by-step mechanics involved in the identification, preservation and collection stages of the e-discovery process. A sample litigation hold notice (for provision to a client with an obligation to preserve relevant electronic documents) is attached. This paper was presented at LESA’s Document Management in Complex Litigation Files program offered in February 2015.
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61927.01This paper highlights the preservation obligations relating to electronically stored information (or ESI). It sets out the most recent guidelines and judicial pronouncements on this issue and describes the potential sanctions for failing to properly preserve records essential information to lawyers working with litigants obliged to produce them. It also discusses best practices for avoiding those sanctions. This paper was presented at LESA’s Document Management in Complex Litigation Files program offered in February 2015.
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61926.01This paper discusses some of the important issues that can arise for construction lawyers when a construction company becomes insolvent. Specifically, those lawyers must reconcile insolvency law with builders’ liens-related law and tax consequences. This paper discuses some of the issues surrounding construction company insolvency proceedings, the termination of construction contracts and creditors’ rights against constructors. This paper was presented at LESA’s Construction Law program offered in February 2015.
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61923.05This paper provides a discussion of the steps required prior to trial once questioning has been completed and all undertakings have been answered. Topics include preparation and review, experts and expert reports, and steps in setting the action down for trial. This paper was presented at the Running Your First Trial program held in January and February 2015.
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61923.03This paper addresses the examination of witnesses during examination in chief and cross-examination. Topics include preparation, conduct, refreshing memory, past recollection recorded, introducing exhibits, re-examination, and cross-examination on prior inconsistent statements. The following checklists are included: Ground Rules for a Testifying Witness, and Considerations for Planning an Examination in Chief. This paper was presented at the Running Your First Trial program held in January and February 2015.
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61923.02This paper outlines what is required when using an expert at trial. The author discusses understanding the role your expert’s conclusions play in your theory of the case, getting your expert’s opinion evidence admitted at trial, preparing yourself and your expert for trial and what must be done at trial. This paper was presented at the Running Your First Trial program held in January and February 2015.
