You did say you were green, but when you say "must," in case you have a
legal requirement citation, that would be appreciated.
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf
Of Josh McLane
Sent: Friday, May 22, 2009 8:08 AM
To: [log in to unmask]
Subject: Re: Records Relevant and Records Produced for Litigation After
Release of Hold
Just a note on these options pertaining to discovery and the legal files...
I'm not a lawyer, but to the best of my understanding the original files are
the ones which must be retained for litigation and copies may be returned to
individuals that may be working with those discoverable documents. So I'd
have to agree with Steve and Brad with the choice of door number 3.
> 3. Maintain all original records produced with the litigation file
and
all original records and copies associated with the litigation file
adopt
the retention period for litigation.
Although slightly altered or more explained as the following:
3. Maintain all original records produced with the litigation file and all
original records and copies associated with the litigation file. All
originals/copies maintained for the litigation can be disposed of after the
retention period of the litigation file if their original retention period
has expired during the course of litigation otherwise continue to retain
until the original retention period has expired.
I am green to the rules and precedence of RM, but that was my best
understanding of the requirements, at least around here.
Josh McLane
[log in to unmask]
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf
Of Julie Fleming
Sent: Thursday, May 21, 2009 9:50 PM
To: [log in to unmask]
Subject: Re: Records Relevant and Records Produced for Litigation After
Release of Hold
I would go with #1. Some of the records produced may have retention
periods (i.e., for regulatory and/or business reasons) much longer than
the litigation retention period and will need to be maintained beyond
the time period when they would be destroyed under the litigation
retention period. Copies of the records which are maintained with the
litigation file should be destroyed when the original records are
destroyed (or before if the litigation file retention period is
shorter) and a notation made in the litigation file that they were
destroyed per the retention schedule. If they were destroyed per the
retention schedule, you should be covered for any future litigation
that may ensue. The only caveat to this would be if the litigation is
still subject to appeal in which case the records should be maintained
until the time has passed that the case may be appealed.
Julie Ann Fleming, CRM
-----Original Message-----
From: Furlow, Brad <[log in to unmask]>
To: [log in to unmask]
Sent: Thu, 21 May 2009 5:34 pm
Subject: Re: Records Relevant and Records Produced for Litigation After
Release of Hold
I agree with Steve; door #3.
Brad Furlow
Records Manager
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Steve Morgan
Sent: Thursday, May 21, 2009 3:18 PM
To: [log in to unmask]
Subject: Re: Records Relevant and Records Produced for Litigation After
Release of Hold
I go with door #3
Steven D. Morgan
Records Manager, C.J. Segerstrom & Sons
Costa Mesa, CA
714.438.3228 Phone
714.546.9835 Fax
Information is the currency of democracy. (Thomas Jefferson)
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Tom Wilson
Sent: Thursday, May 21, 2009 2:18 PM
To: [log in to unmask]
Subject: Records Relevant and Records Produced for Litigation After
Release of Hold
After whatever point the duty for preservation begins and records are
collected and possibly copied for litigation, when the matter is
considered
settled and the duty to preserve no longer exists, what do you do with
original records with copies of original records?
It might be easier to imagine and respond based on hardcopy records, but
my
question would apply to any media on which records are maintained and
could
be copied. For my purposes in asking I'm scoping out the complication
of
ESI and what part of it may or may not be a record outside the duty to
preserve.
Do you
1. return the original records to their original custodian and
apply
the retention period for the original record type to them while
maintaining
copies made of the records with the litigation file and applying the
retention period for litigation.
2. Same as number 1, but destroy copies made of records leaving
the
litigation file itself without any evidence of records produced.
3. Maintain all original records produced with the litigation file
and
all original records and copies associated with the litigation file
adopt
the retention period for litigation.
4. Or something different.
Also, if you do return original records to their original custodian,
keeping
copies of records produced or relevant to the litigation with the
litigation
file, when you destroy the original records, assuming the retention
period
of the original record types end sooner than the retention period for
litigation, do you make note on the destruction or elsewhere that
certain
records within that record type may still exist within the litigation
file?
I understand there can be attorney client privilege, but that may not
apply
in every case. I wondered what approach some of you may take to this
issue.
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