To my knowledge they go into affect unless Congress opposes them. I
don't believe Congress got around to doing that this year. However, I do
have a few points where I need to vent some frustration about the rule
changes. 

The problem I am concerned about is the lack of understanding law firms
have about the place of Records Management in the ediscovery process. I
have attended several seminars and the legal speakers consistently
focused on IT would need to do this and that etc. Some of the new rules
do make the point that opposing counsels are expected to meet early and
discuss ediscovery. Defense counsel will need a rough idea of where and
how accessible electronically stored relevant information is at the
first discovery meeting with opposing counsel. 

However, a lot of lawyers think they are going to get client IT
departments to perform electronic records inventories as well as create
and interpret document retention and disposition policies. I can tell
right now that IT will say they manage the systems but the records
department manages the information. This statement is not sinking in
with the lawyers that claim to be in the "know". I attended one legal
seminar with several other records pros and they had the same
impression. 

Now I am ready to start an argument so get ready to flame away. In my
experience a lot of lawyers who are the seniors in their firms do not
appreciate the importance records management for any reason let alone
ediscovery. Additionally, they are not interested in gaining knowledge
of good records management practices. I have had lawyers say things to
my face about the records management profession that I wouldn't say to a
drug dealer about their profession. This statement may seem like an
exaggeration but not by much. I understand they are now starting to
teach information management in pre-law and law school programs.
However, it appears to be a new concept and not a widespread practice
yet. 

Finally, I will give credit to corporate counselors I have heard give
presentations and who appear to be much more on the ball with records
practices than law firm lawyers. In my very humble opinion the corporate
counselors are much more prepared for the rule changes than the so
called "ediscovery" experts. Flame Away!

Rob Seibolt
Senior Records Analyst
Midwest Research Institute

These opinions are definitely my own and not opinion of my employers
past or present. 

Chuck Piotrowski wrote:

I noted that it is already Dec. 11 and my last note on this issue states
that Congress was expected to adopt Dec 1.

 

Did this happen? More importantly, are the new rules now "in effect"?

 

Thanks!

 

Chuck Piotrowski

CVPS

www.cvps.com <http://www.cvps.com/> 

This computer runs on Cow Power!

 

 


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