> > To put this discussion in perspective, note that Thomson West is a legal
> > publisher, one of only a handful of major conglomerates servicing the
> > research/reference needs of lawyers in this country.  Thomson West
> > publishes law books -- for lawyers, written by lawyers -- and part of
> > the value of these books lies in the name recognition of their lawyer
> > authors.  In general, lawyers buy books written by legal experts, not by
> > non-lawyer subject matter experts.
>

I think my point though was although the book may be for lawyers, it's
giving guidance and "rules" about RM... and while many attorneys may have
OPINIONS about the subject, that doesn't necesarily make them valid or in
agreement with best business practices in RM.  If you've read the Seddona
Guidelines, and you're an RM, you'll understand what I'm talking about... if
you've read them and you're an attorney, you'll STILL be wondering what I'm
talking about =)


> Lee makes a good point.



>

Yes, as always, Lee does. =)

In addition, note that 44 USC Chapter 33 only
> applies to federal agencies and not the private sector, which I
> suspect the authors are focused on.  I'd also bet you there are
> records managers outside of the federal government that aren't aware
> of the regulation as well.


Yes, but my point was the comment came from a FEDERAL Circuit Court Judge
and was echoed by a second one. These dudes SHOULD be familiar with the
citation.

And given that this is the definition:

As used in this chapter, "records" includes all books, papers, maps,
photographs, machine readable materials, or other documentary materials,
regardless of physical form or characteristics, made or received by an
agency of the United States Government under Federal law or in connection
with the transaction of public business and preserved or appropriate for
preservation by that agency or its legitimate successor as evidence of the
organization, functions, policies, decisions, procedures, operations, or
other activities of the Government or because of the informational value of
data in them.

If you replace "an agency of the United States Government under Federal law"
with "an organization in the normal course of business" and replace the
subsequent references to agency and Government with "business" or
"organization", I think the definition is still valid.

Try this on for size:

"Records" includes all books, papers, maps, photographs, machine readable
materials, or other documentary materials, regardless of physical form or
characteristics, made or received by an organization in the normal course of
business or in connection with the transaction of business and preserved or
appropriate for preservation by that business or its legitimate successor as
evidence of the organization, functions, policies, decisions, procedures,
operations, or other activities of the oranization or because of the
informational value of data in them.

Sure, it's a little wordy, as we all said in the discussion over the past
week, but it DOES work.

Larry
-- 
Larry Medina
Danville, CA
RIM Professional since 1972

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