There will logically be two copies of each legal hold notice: one
retained by the sender and one by the recipient. The sender will need to
document that s/he sent them out. If there is not resultant case, s/she
will need to send out notices to that effect, and retain those to
document that they were sent out. The recipients would need to keep the
notices to document that they cannot destroy the applicable records; and
then the "cancel" notices to document that they now can destroy the
affected records.

Assuming no case results:

If I'm the sender, I'm going to set a reasonable retention period based
on my experience of how long it takes for all return to normalcy issues
to close out, and I no longer have to prove that I sent the notices out,
especially the ones that say the hold is cancelled.

If I'm the recipient, I'd probably make the notices, especially the
cancel notice, part of my destruction documentation for the affected
records -- making them part of the destruction file and retaining for
the same period as that file. 

Make sense?

Gary Link, CRM
Sixburgh, PA 

And Rikki, don't lose that number.
(Donald Fagan)


-----Original Message-----
From: Zengel, Rikki [mailto:[log in to unmask]] 
Sent: Thursday, February 12, 2009 9:51 AM
To: [log in to unmask]
Subject: Re: [RM] Legal Hold Orders

Thanks.  I am wonder though about the records created as a result of the
legal hold process, example memos or emails.  If there is no case, when
the hold is lifted, in what bucket do you put the records created out of
the hold rather than the records the hold effects.  Thanks.

Rikki

-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Tod Chernikoff
Sent: Thursday, February 12, 2009 8:53 AM
To: [log in to unmask]
Subject: Re: Legal Hold Orders

Rikki:

Although I have seen some client's of mine that have a series in their
retention schedule for records on "litigation hold" I consider those
records still scheduled as per their normal series, but that the
disposition of those records has been suspended (should they reach the
end of their retention period before the hold is lifted).  I consider
the categorization of those records as "held" as a condition
over-and-above their series, such as vital records are identified as
"vital" but they also have their normal records series categorization.

There should be a point at which counsel determines there will be no
litigation and the hold should be lifted, granted that may be a ways
down the road in such an instance, but as with all litigation, it will
eventually come to an end.

In some organizations those records subject to a litigation hold might
be pulled and segregated, but they should return to their original home
or be destroyed, once the hold is lifted.

Hope this answered your question, if not please feel free to contact me
for any additional information.

Tod Chernikoff, CRM
[log in to unmask]


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