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Subject:
From:
Gary Link <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Tue, 10 Feb 2015 13:46:41 -0500
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>>But aside from the comment about his obligation to "...keep records of 
case files for seven years with adult clients and 21 years for clients 
under the age of 18."  I'm not sure what he's suing for... and until there 
is a clear decision on WHO was to blame for the loss, why is he suing the 
city?

The article says he's suing the city because the firefighters failed to 
put out the first fire, causing the second one.

>>I'm unsure where this retention requirement comes from, 

Without looking it up, that is a retention identical to the required 
retention of medical files in some states. Perhaps there are medical files 
in his case files he lost - they are files of victims files of a gas 
explosion, so medical records could be a portion of them. (Of course, 
those retentions apply to medical facilities not law firms.)

>>but if its' from the State of NY, I'd have to assume the State is going 
to relieve people from the obligation to retain the records if the loss is 
proven to be no fault of theirs, and a fault of the municipality. Likely 
there will be SOME "special dispensation" issued related to this loss, 
providing people can prove that's where their records were stored.

Likely his claim will be the loss of his business/clients' records, not 
that he expects to be pinged for not fulfilling his retention obligations. 
It seemed a closing line for a story rather than the specific reason for 
the lawsuit.

Gary



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