I do not have any case studies. However, I can provide a three real
world instances if you are interested. All three have to do with the
expense of retaining information long after retention was legally
required:
First instance was retention of outdated correspondence. Disposal as
specified per the retention schedule would have cost approximately $6000
for a temp to go through the documents and save the few that needed
continued retention. Ultimate result of over retention was $389 Million
settlement in a contract dispute plus an estimated $15-$20 million in
legal fees.
Second instance relates to same action. Retention of backup disks for
obsolete word processing system. All information transferred to new
system years before. Found in discovery beneath desk of former word
processing supervisor who had long since left the company. Cost to
repair outdated system, purchase password breaking software, print,
index, privilege review and produce documents in excess of $200,000.
Plus, at end of process, disks and documents were included in an
additional litigation.
Third instance is in public sector. City refuses to issue permit for
removal of weeds in waterway. Landowner finds 70 year old documentation
where city promised landowners of property that they would complete
canal that ran in front of landowners property. Landowner sues city to
complete canal, estimated expense in 1938, approximately $3000. City
attorney advises city that if it goes to court, landowner will win.
Estimated expense for completing canal in 1998, estimated at $30
million. City agrees to issue permit. Landowner accepts permit, cuts
weeds and provides all adjoining landowners with documentation regarding
city's 1938 commitment in case any of them wish to enforce it in the
future.
None of these instances were remotely connected with anyone doing
anything unethical, illegal or underhanded. They simply demonstrate that
over retention of records can be a expensive process, even if you did
nothing wrong.
Now, for a follow-up question to the crowd:
We hear over and over again about the enormous expense of identifying
and retaining information for litigation purposes. Yet in reality, that
same expense is extracted from organizations day after day in
inefficient operations, inability to find needed information, excessive
duplication and poor records practices. Would we not be way further
ahead to promote our ability to impact the bottom line on a daily basis
as opposed to keep warning of the great big boogey man that my never
darken our door?
Just a thought.
Bill R
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