Everything in the system is not discoverable.  Much of the information we have at Morris James LLP is protected by the attorney client or work product privileges. Just because information exists, it does not necessarily follow that must be produced. 
 
While everything in the system may not be a record, everything in the system is considered "electronically stored information".  And all relevant electronically stored information which is not privileged is subject to discovery.  Records are included in electronically stored information.

Morris James LLP

Richard B. Loringer

Records Manager
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500 Delaware Ave., Ste. 1500  | Wilmington, DE 19801-1494
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-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Steven Whitaker
Sent: Thursday, May 21, 2009 4:18 PM
To: [log in to unmask]
Subject: Re: Everything is a record until it is not

I teach a lot of RIM 101, and a record does not have to be "declared." 
If a piece of information exists, it can be subpoenaed and then must be
produced.

A record is any information recorded upon any media.

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