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From:
"Batts, Lin" <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Thu, 20 Aug 2009 14:41:22 -0500
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 Oops, I am new to this; forgot to add sign block

Hi Brad:  our policy was developed by a committee consisting in part of the risk and ethics attorneys and approved by our risk carriers.  There is no non-liability statement in any of the letters; however, there are statements in the engagement and end of matter letters that "Firm and Client agrees...." and  the client signs off.  Risk and ethics determined that three notifications is enough.  Before destroying files, we do determine if there is any materials of intrinsic value. If we cannot locate a client that still, as an example, has stock certificates, or other valuables, we send those to the state office for unclaimed property. I believe that is the normal procedure.


OPPENHEIMER WOLFF & DONNELLY LLP

Lin Batts
RECORDS MANAGER
Minneapolis, MN 55402
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-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Furlow, Brad
Sent: Thursday, August 20, 2009 2:16 PM
To: [log in to unmask]
Subject: Re: Disposal authorization request

Question for the collective...

For those who have a "if response is not received by [insert date], it is assumed the materials may be destroyed, etc..." in your records procedure / policy -

Do you have non-liability agreement with the company that they will not come back on you as the "records official" for destroying materials another department was supposed to review but didn't?

Just something that has been bumping around in my mind lately.

Best Regards,

Brad Furlow
Records Manager
Denver, CO
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-----Original Message-----
From: Furlow, Brad
Sent: Thursday, August 20, 2009 12:58 PM
To: 'Records Management Program'
Subject: RE: Disposal authorization request

Hi Tracy,

I am currently battling the very same issue as you.  Here is what I have found to work.

1)  Send a friendly reminder to the individual, reminding them of the deadline & that "per policy" this is a vital & necessary part of the company's records retention program.  Urge them to contact you if they have questions or concerns.  (This (for me) usually gets all but 1 or 2
back)

2) If no response from #1 - Contact the Corporate Legal Counsel and/or escalate up to a higher level within your department structure, & let them know how far behind the authorization is, and who initially received the notice. (For me - that usually gets them all)

3) If you still have no response - Send more direct communications to the delinquent individual & state very clearly from the policy, what the ramifications for non-compliance with the records policy is.  I copy the individual, their supervisor(s), my superiors & legal counsel.

I have never had it go past #3, since our policy states things like "disciplinary action, up to and including termination for non-compliance".  (That is a GREAT motivator to have in your retention policy).

Hope this helps, I know how frustrating it is.

All the best,

Brad Furlow
Records Manager
Denver, CO
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