>>One of the attorneys posited that a business record is what the
company says is a record ... that a company can unilaterally say that
XYZ is not a record (or is a non-record, or a transitory record), and
therefore has no obligation to retain. Does this fly from a litigation
standpoint?<<

Attorneys like the one mentioned are the reason my brother (an attorney)
always insists on adding the note about competent counsel rather than
just counsel.  His disclaimer goes something like this:  The information
provided here is not legal advice and should not be construed as such.
Please seek the advice of a competent attorney.

Passing the Bar doesn't make you competent in areas you know nothing
about.  With respect to records, I would suggest seeking this attorney's
advice in records areas would be like asking a proctologist for help
with my sore throat.  He may provide a solution, I just am not sure I
would drink it.

Bill R

Bill Roach, CRM
Enterprise EDMS Coordinator
State of North Dakota
ITD/Records Management
701-328-3589

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