Rikki asked "I am wonder [sic] though about the records created as a
result of the legal hold process, example memos or emails. If there is
no case, when the hold is lifted, in what bucket do you put the records
created out of the hold rather than the records the hold effects [sic]".

Records management applications (software) create what is known as one
or more "history files". History files track activity associated with
record, such as retrievals, re-files, box moves from one warehouse
location to another, litigation holds, etc. Normally, however, the
history files track only internal activity--meaning, activity within the
records management application. So memoranda and email messages external
to the records management application would not be included, and you
would have to develop separate procedures for maintaining these records.

Users have different views on the desirable retention for history files,
and some history files may need longer retention than others. For
example, a history file for records disposition is often considered a
permanent record, whereas, a history file of box moves within a
warehouse might be retained only for the usage life of that warehouse.

If you are using a "home-grown" records management application, you may
want to add this type of feature to it.

Best regards.

Fred
===================================================================
Frederic J. Grevin
Deputy Commissioner and Chief Information Officer
The City of New York,
Department of Records
Email: [log in to unmask]
Land phone: 212.788.8615
Cell phone: 347.436.5360
Fax:  212.788.8614
www.nyc.gov/records
31 Chambers Street
New York, NY 10007
USA
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Zengel, Rikki
Sent: Thursday, February 12, 2009 09:51
To: [log in to unmask]
Subject: Re: [RM] Legal Hold Orders

Thanks.  I am wonder though about the records created as a result of the
legal hold process, example memos or emails.  If there is no case, when
the hold is lifted, in what bucket do you put the records created out of
the hold rather than the records the hold effects.  Thanks.

Rikki

-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Tod Chernikoff
Sent: Thursday, February 12, 2009 8:53 AM
To: [log in to unmask]
Subject: Re: Legal Hold Orders

Rikki:

Although I have seen some client's of mine that have a series in their 
retention schedule for records on "litigation hold" I consider those
records 
still scheduled as per their normal series, but that the disposition of 
those records has been suspended (should they reach the end of their 
retention period before the hold is lifted).  I consider the
categorization 
of those records as "held" as a condition over-and-above their series,
such 
as vital records are identified as "vital" but they also have their
normal 
records series categorization.

There should be a point at which counsel determines there will be no 
litigation and the hold should be lifted, granted that may be a ways
down 
the road in such an instance, but as with all litigation, it will
eventually 
come to an end.

In some organizations those records subject to a litigation hold might
be 
pulled and segregated, but they should return to their original home or
be 
destroyed, once the hold is lifted.

Hope this answered your question, if not please feel free to contact me
for 
any additional information.

Tod Chernikoff, CRM
[log in to unmask]


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