Good advice Dave.  I guess I'll take a swing at the horse ... 

The distinction needs to be made between record/non-record/evidence.  

In reasonable anticipation of, or during actual, litigation or other legal proceeding, ALL information (regardless of medium, age, "record" status, etc.) is eligible to be discovered and entered into evidence and therefore there is a duty to maintain it.  The litmus test for evidence is relevance to the matter, nothing else.  The word "record" in this context does not carry significant connotation of having special value or characteristics.

During times when no such proceeding is in play, the distinction between record and non-record has to do with facilitating application of management rules (such as retention schedules) to information which is either regulated in some way by some authoritative body or has inherent/significant value (business, historical, etc.).  In this context, the word "record" indicates that it falls under either a regulation or other rule that requires special management - imparting a connotation of having special value or characteristics.  A non-record indicates that there is no overriding authority requiring maintenance of it and thus may be destroyed once its usefulness has ceased.

In my little slice of the world, this is our basic distinction: 

"Non-records" CAN be destroyed once they reach the end of their useful life as determined by the user, however they do not HAVE to be destroyed (it might be a good idea though, for many reasons).

"Records" CANNOT be destroyed until they have reached the end of their retention period.  Retention periods are determined by the Firm and/or by regulation by an authoritative entity (such as the IRS) and are published in our retention schedules.

Any records or non-records that are, or are reasonably anticipated to be, relevant to a law suit or other legal proceeding to which the Firm is a party must NOT be destroyed until conclusion of the proceeding and any other overriding rules are complete or satisfied.

And now, back to your regular programming ... 

Julie 


Julie Colgan
Manager of Records Services
Arnall Golden Gregory LLP
Tel: 404.873.8164
Fax: 404.439.1811
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