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Subject:
From:
Pilar McAdam <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Thu, 21 Aug 2008 09:13:18 -0700
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I've been watching/reading the comments on this topic with great
interest.  There's no better way to engage RIM folks than to get into a
juicy discussion on what constitutes a record!

My contribution: 

I think we all understand that the legal definition of a record is
applicable when in a legal arena (court, arbitration, etc.).  Those in
regulated or public industries where specific records types are defined
for them can generally agree, as well.  Where things get dicey is when
we're not in court or preparing for litigation, and/or there's no
documentation specifically telling us what a record is.  

Companies and corporations have an enormous amount of discretion as to
how they define records for their internal purposes.  Of course, one can
define "record" as any information recorded on any medium, but I agree
with those who say that this isn't a useful definition, since it doesn't
provide any criteria by which to determine where to apply controls.
And, I think, records management is really about that exact issue: what
information within the enterprise requires control, what should those
controls be, and how are they applied.

I strongly believe that records management is NOT the same thing as
litigation preparation/support.  I know that there are certain
industries that operate in such a litigious environment that those two
approaches merge.  However, for the remaining RIM professionals, trying
to apply litigation-based criteria to their day-to-day record
populations is impractical and -- I think -- blurs the intent of records
management as a discipline. 

Certainly, one of the pivotal roles that records managers play can be in
the litigation preparation and support process, so understanding those
legal definitions is extremely important, too. But it's not everything.

If we all had to manage all our information all the time, we'd never be
able to achieve anything.  For me, one of the most satisfying elements
of being a RIM manager is in evaluating the information universe within
my company, and helping to guide the decision-making about what portions
of that universe should be managed as assets, and which do not have
sufficient value to merit that level of oversight.

Pilar C. McAdam, CRM
Director of Legal Information Systems
Sheppard Mullin Richter & Hampton LLC
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