Richard writes:
"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."


Just a couple comments. I think broadly speaking, that's correct if you are a law firm or a corporate law department. I have worked on matters where counsel did have to produce records. Even though the materials may truly have been attorney client or work product privilege, we still had to review and create a privilege log. 

 

I don't know why we struggle or debate the definition of a record. It makes the profession seem flakey. When I think about declaring a record I think in terms of final product, whatever the format, becomes a record. If it is a paper agreement doesn't it become a record once fully executed? I don't declare anything. In it's electronic form, once approved then the approver "declares" the agreement to be a record. That's a step facilitated by the system. Drafts and notes are work papers no matter the format. Shorter retention period, but still a record.

 

In my mind it's not tough. In my mind...can I include that in my policies? (Heavy sigh)

 

Rock on!

Sharon

 

PS 7" Fuchs installed on the 911 yesterday. Makes her look "tuff". Looks like a driving weekend!

 

Sharon Burnett, CRM
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Seattle Washington USA 

"If it ain't broke, take it apart and see why. If it is broke, take it apart
and see why."

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