Scott Werry

(he/him)

Scott Werry
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Scott is a litigation law clerk and eDiscovery specialist, who has trained and worked with some of Toronto’s most accomplished litigators. In 2015, in response to a rapidly changing legal services marketplace and, as well, the narrowing of the scope of the traditional litigation law clerk’s role, Scott launched his now thriving freelance practice. From the beginning, Scott’s practice has focused on the needs of solo lawyers and litigation boutiques who rely on his unique and eclectic experience to manage complex, document intensive projects that are difficult or otherwise impossible for small firms to staff in-house.

In late 2018, Scott took a 17-month break from his freelance practice and joined TransPerfect Legal Solutions, a leading global eDiscovery services vendor as a Senior Litigation Support Analyst. In this role, Scott gained valuable vendor-side insight and experience that has proven beneficial to his law firm clients.

In January 2020, prior to his return to freelance practice, Scott successfully achieved certification as an eDiscovery specialist (ACEDS).

Certified E-discovery specialist

eDiscovery Services

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  • Early data analysis and consultations with clients to identify and preserve ESI
  • Collection and processing of client ESI into review, including data de-duplication and reduction of ESI volume through key word and date range searches
  • Attendance with lawyers at early stage discovery planning meetings and assistance with the preparation of Discovery Plans
  • Consult with clients with respect to technology assisted review strategies and workflows
  • Conduct first level relevance and privilege reviews under lawyer/matter expert supervision
  • Document imaging
  • Creation and export of production load files
  • Final download and archiving of data/images
  • Ingestion of opposing party productions for review
  • Objective coding (when absolutely necessary) and application of redactions

Law Clerk Services

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  • Preparation of affidavits of documents
  • Assist lawyers at examinations for discovery
  • Electronic management of transcripts and undertakings
  • Preparation of motions arising from discovery
  • Assist lawyers with pre-trial and trial preparation
  • Preparation of appeal materials
  • Prepare evidence presentations for use at Court
  • Attendance at and co-ordination of electronic trials and appeals

eDiscovery is just for ‘Big Law’ right?

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It is the primary goal of my freelance practice to assist solo lawyers and litigation boutiques achieve efficiencies through the adoption and utilization of ‘technology first’ best practices. I believe that the early and effective use of e-discovery and trial presentation technology will always result in lower costs as compared to paper-based discovery and trial practices.

“We are currently seeing dramatic changes in the ways that law firms operate. Faced with increased pressure from clients who demand greater value from legal services, better predictability in outcomes and fees, accountability, more transparency and streamlined processes, law firms have sought ways to improve matter management and provide predictable legal services to their clients. This is evident in the recent growth of alternative billing arrangements, fixed fee offerings, outsourcing and managed services. By adopting and incorporating project management principles, law firms have been able to respond to these demands, thus creating increased internal efficiencies and better managing client fees and expectations.”

Wortzman, Susan, General Editor, E-Discovery in Canada [Third Edition], copyright LexisNexis Canada Inc., 2017, pp. 11. Reproduced with permission.

As a senior litigation law clerk and litigation support professional, I stand for the proposition that early data and case assessment (including search term and date range culling, deduplication and analytics) and first level document review for relevance and privilege can, in most cases, be conducted by properly trained litigation support professionals and/or law clerks reporting to a lawyer/matter expert.

“The volume of potentially relevant electronic information that is subjected to lawyer review (the most costly aspect of the e-discovery process) must be carefully managed to control costs. Implementing and enforcing a digital records management strategy that emphasizes classification of records and removal of duplication will allow the early selection of records most likely to be relevant to the matter. Reducing the number of irrelevant records, and collecting a single copy of relevant records, prior to the manual review stage, will lead to a dramatic increase in efficiency and reduction in cost throughout the remainder of the e-discovery process. Further, a well-organized and managed information store resulting from a comprehensive records management strategy can serve as a guide to help counsel identify the type, nature and location of information that exists in the organization and that is relevant to the legal proceeding.”

Wortzman, Susan, General Editor, E-Discovery in Canada [Third Edition], copyright LexisNexis Canada Inc., 2017, pp. 27. Reproduced with permission.

CONTACT

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