It's true that there are people who handle email differently than they (or their predecessors) handled typed and handwritten notes, letters, internal memos, etc. I still think there were pack rats in the old days who kept paper convenience files locally, either in their office drawers or at home. I'm thinking of files outside a unit's central subject file. Whether and how often those were reachable through legal document production orders, I don't know. I suppose it depended on how narrowly the wording referred to offices of primary responsibility and recordkeeping systems.
As Bill R. would say, "I am not an attorney." I still don't see how an organization could considered responsible for the handling of convenience copies kept by an employee at home, outside the official recordkeeping system. If a company rather than an individual was a defendant, could an individual not named in the complaint be served with a document production order for materials kept at home? Maybe. I just don't know. In any event, this is bound to be more of an issue now, as then, for high litigation risk entities and less of one for knowledge sharing, low litigation risk organizations.
Speaking of which, check out
http://www.internetnews.com/bus-news/article.php/3579066
and
http://www.dallasnews.com/s/dws/bus/stories/012906dnbushall.27eb981.html
I apologize in advance to Peter K. if he picked up the latter in RAIN, it appeared in the Dallas newspaper at a time when I was totally swamped, working on a big project at the office and on the weekends at home, and just didn't have time to read RAIN.
By the way, I tried posting responses to Steve and Jay from my other account this morning to thank them for their helpful advice on the Sony CD issue. Since those didn't appear in the Recmgmt-L archives or in my inbox, I'll repeat my thanks to them now. It's people like them who make this List worth subscribing to! As followup, I'll refer you all to
http://shrinkster.com/ckr
and ask you to consider the bolded note the university library posted at the beginning of its help sheet!
Maarja
>>> [log in to unmask] 3/2/2006 3:24:30 PM >>>
In paper based days, I don't think it was as much an issue. Many people
treat and think of email in an entirely different way than they do paper
(right or wrong). We all know people who have 3000 emails in their
inbox, but who would never think to horde paper in the same way.
Nolene
(949) 789-1668
-----Original Message-----
There never was a fool proof way to prevent local archiving in the paper
based days. In the pre-compuer age, I never heard any debates about
limiting employee access to xerox machines. Isn't this somewht the same
issue, if we're focusing on content rather than medium?
Maarja
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