I'm of the opinion that you don't have to keep the Outlook version. There's
no general requirement that electronic records have to be kept in native
format or native application if the transposed record contains the
information and functionality of the original copy.
J.
John Montaņa
General Counsel
Cunningham & Montaņa, Inc.
29 Parsons Road
Landenberg PA 19350
610-255-1588
610-255-1558 fax
484-832-3260 mobile
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf
Of Chris Flynn
Sent: Thursday, February 23, 2006 2:47 PM
To: [log in to unmask]
Subject: Re: [RM] Recreated .MSG file - A Legal Record?
Well... I ain't no lawyer and I have been known to provide the "worst advice
I have read for a while on
this list", but I would probably (oh boy am I right or wrong?) have to say
that under the E-sign act it would be record. The key is going to be in
documenting your process and making sure all exceptions are accounted for.
Yo might see if John M. will chime in on this one.
Chris Flynn
-----Original Message-----
From: Records Management Program [mailto:RECMGMT-Lworst advice I have read
for a while on
this [log in to unmask]]On Behalf Of Taylor, Scott
Sent: Thursday, February 23, 2006 11:24 AM
To: [log in to unmask]
Subject: [RM] Recreated .MSG file - A Legal Record?
We are exploring moving emails from Outlook and into our DM system (and
ultimately into LegalKey as a record). Our hope is to make it a move,
where the original email is deleted from Outlook and profiled into DM as
a 'document.' The resultant DMS document is in fact a .MSG file that
opens up in Outlook as an email, complete with attachments, when you
pull it up inside our DMS. The method suggested by both our DMS vendor
and a third party vendor
with a competing "Outlook to DMS" import utility is that message
attachments are profiled as separate DMS documents, stripped from the
message body and logically linked to the resultant DMS document.. The
email 'body' is identical to the original message but the attachments
(Word docs, spreadsheets, etc.) are replaced with DMS pointers which
link to and open those attachment files. Functionally this works. In
our DMS you can find/open/access the
email 'documents.' You can see the attachments and you can open those
attachments via the links. Our concern is a legal/Records worry. We
plan to ultimately declare these documents in our DMS as email
'documents' into LegalKey. Is the recreated .MSG file, with its
associated attachment pointers and attachment files, a legitimate, legal
version of the record? Or does the original Outlook message with
embedded attachments have to be preserved and somehow ultimately copied
into LegalKey?
Thanks for your help, Scott
J. Scott Taylor
Records Manager
Smith, Gambrell & Russell, LLP
Promenade II, Suite 3100
1230 Peachtree St., N.E.
Atlanta, Georgia 30309-3592
Phone: (404) 815-3521
Fax: (404) 685-6821
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