We often see record categories for litigation and specific retention periods for litigation-related information. This may include legal hold notices, legal briefs, motions, data collected, complaints, etc. The disposition is often close of matter plus some relatively short period of time. I typically see these records and their dispo managed in the litigation department for privilege and confidentiality reasons.
Deidre
----- Original Message -----
From: Records Management Program <[log in to unmask]>
To: [log in to unmask] <[log in to unmask]>
Sent: Thu Feb 12 09:51:29 2009
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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