Just a brief comment for Hugh, regarding these questions:

"I am curious about the addition of 'Conflicts Manager' to the title of
Records & Conflicts Manager.  Is the conflict brought about because
different departments practice records management in different ways or is
due to the fact that missing records create a conflict?   Or the providing
of the missing record resolves the conflict. This is a unique title and I
wonder how that works in your organization."

As anyone working in a law firm knows, "conflicts" is where a search is made
to determine whether the firm is about to take on a new client, or a new
matter, or is collaborating with another attorney or firm, where there may
be a conflict of interest if they pursue the case.  

When I sold software to law firms for Wang Labs in the 1990s, we marketed
"Conflicts & Docket" software, which would help uncover conflicts, and kept
the firm's schedule of cases (docket), along with the attorneys assigned to
those cases. Attorneys check the software all the time to see what their
schedule is, and that of their colleagues, to see if they might be
available; and also, to see if a potential new client might represent a
'conflicts' risk.

According to the American Bar Assn. "Conflicts of interest appear in an
infinite variety of situations and are frequently fact-specific, yet they
often are difficult to identify. According to the Restatement of the Law
Governing Lawyers, a conflict of interest exists 'if there is a substantial
risk that the lawyer’s representation of the client would be materially and
adversely affected by the lawyer’s own interests or by the lawyer’s duties
to another current client, a former client, or a third person.'”

http://www.americanbar.org/newsletter/publications/gp_solo_magazine_home/gp_solo_magazine_index/conflictsofinterest.html

So, a records manager would, among their duties, be a natural fit for
checking conflicts, as they are also in charge of managing the firm's
records of their current and past matters.


Robert Smallwood
E-records Institute at IMERGE Consulting
San Diego, California

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