Ed.
note: This
article
first
appeared
in
ILTA’s
Peer
to
Peer
magazine.
For
more, visit
our
ILTA
on
ATL
channel
here.
When
handling
electronic
documents
in
litigation
matters,
one
crucial
decision
to
make
is
how
to
produce
the
data.
The
ILTA
Litigation
Practice
Support
Survey
asked,
“In
what
format
do
you
most
frequently
produce?”
The
results
showed
that
41%
of
respondents
produced
data
using
TIFF
/
Text
files
with
metadata
load
files,
36%
produced
data
in
PDF
or
Native
format
with
or
without
load
files,
and
22%
produced
Native
files.
This
article
will
proffer
why
Native
production
with
or
without
load
files
is
the
most
advantageous
way
to
produce
records.
Please
note
that
in
the
spirit
of
reconciliation
with
indigenous
communities
in
Canada,
Native
production
will
be
referred
to
as
production
in
its
Original
Digital
Format
(“ODF”)
as
guided
by
the
Sedona
Canada
2022
principles.
The
landscape
of
eDiscovery
evolves
rapidly
as
new
sources
of
evidence
change
the
definition
and
boundaries
of
what
constitutes
a
“document.”
Litigation
support
professionals
manage
a
deluge
of
data
from
a
variety
of
sources,
including
collaboration
apps,
social
media,
and
mobile
data,
bringing
challenges
with
embedded
links,
emoticons,
and
more.
Production
of
this
new
data,
along
with
standard
file
types
(emails
and
eDocuments),
needs
to
be
managed
with
efficiency,
diligence,
and
planning.
Collaborating
with
counsel
to
develop
a
practical
Electronically
Stored
Information
(“ESI”)
protocol
and
proactively
discussing
documentary
disclosure
will
assist
in
avoiding
rework
and
potential
spoliation
of
evidence
and
ensure
that
evidence
is
produced
in
a
practical,
organized,
and
cost-effective
manner.
ODF
production
involves
exchanging
documents
in
their
original
format. While
TIFF
production
is
necessary
for
documents
that
require
redactions
or
the
management
of
confidential
information,
ODF
production
offers
several
advantages
that
can
significantly
benefit
legal
proceedings.
Below
are
five
reasons
why
ODF
production
should
be
considered
as
the
preferred
approach
in
litigation
matters:
1.
Preserving
Metadata
Metadata,
including
date
stamps,
author
information,
and
document
properties,
can
be
critical
in
litigation
cases.
ODF
production
maintains
this
vital
data,
ensuring
its
authenticity
and
reliability
as
evidence.
TIFF
images
are
stripped
of
metadata,
which
then
requires
the
re-creation
of
that
metadata
and
its
separate
production.
Other
document
properties
are
simply
lost
in
TIFF
format.
2.
Reduced
Risk
of
Spoliation
Spoliation,
the
alteration,
destruction,
concealed
and/or
lost
evidence,
is
a
constant
concern
in
litigation.
ODF
files
are
less
susceptible
to
allegations
of
spoliation,
providing
a
higher
level
of
document
integrity.
ODF
production
preserves
the
original
content
and
appearance
of
documents,
providing
the
reviewer
with
an
indication
of
what
the
file
looked
like
in
its
original
form.
This
transparency
can
reduce
disputes,
as
parties
can
see
the
unaltered
documents,
fostering
trust
in
the
legal
process.
3.
Cost
Efficiency
Converting
files
to
different
formats
can
be
time-consuming
and
expensive.
ODF
production
eliminates
the
need
for
conversion,
resulting
in
cost
savings
and
a
streamlined
process.
TIFF
productions
are
a
costly
relic
of
paper-based
records.
TIFF
and
PDF
production
increase
the
expense
and
reduce
the
practicality
of
the
production.
4.
Easier
Review
and
Analysis
The
review
and
analysis
of
ODF
documents
is
simpler,
faster,
and
more
straightforward
for
legal
professionals,
expediting
decision-making.
The
more
searchable
metadata
enables
legal
professionals
to
find
relevant
information
and
isolate
critical
documents
more
efficiently.
This
is
invaluable
for
early
case
assessment
and
document
searches
during
the
litigation
process.
5.
Compatibility
and
hosting
ODF
production
ensures
compatibility
with
various
platforms
and
software,
reducing
the
likelihood
of
technical
issues
when
accessing
or
presenting
documents
in
a
litigation
setting.
TIFF
productions
are
often
much
larger
in
volume
and
size,
significantly
increasing
the
costs
for
responding
parties
to
ingest
and
host.
In
summary,
while
ODF
production
offers
numerous
advantages,
it
is
essential
to
consider
the
specific
requirements
and
guidelines
of
your
litigation
matter.
Even
though
the
document
production
stage
may
be
months
or
years,
the
production
format
should
be
discussed
and
agreed
upon
during
early
litigation
planning
and
included
in
the
ESI
protocol. Consulting
with
legal
professionals
to
determine
the
most
suitable
approach
for
your
unique
situation
is
crucial.
In
most
instances,
ODF
production
should
be
the
preferred
choice,
providing
greater
accuracy,
transparency,
and
efficiency
in
the
legal
process.
Stephanie
Mills
is
the
Manager
of
discovery
Services
at
Cassels,
Brock,
and
Blackwell,
LLP.
She
has
extensive
experience
in
civil
litigation
with
an
emphasis
on
intellectual
property
law,
aboriginal
law,
and
class
actions.
Stephanie
offers
experience
with
the
management
of
evidence
as
it
pertains
to
discovery
and
trial
preparation
and
frequently
assists
in
such
capacity
with
multi-week
hearings.
A
Certified
eDiscovery
Specialist
sitting
on
the
Board
of
Directors
for
the
Toronto
chapter
of
ACEDS,
she
also
participates
in
several
groups
affiliated
with
litigation
support
and
eDiscovery,
including
ILTA
and
Women
in
Discovery.
Stephanie
has
served
as
a
legal
professional
since
2003.
