Hi John,

I know I'm not Monsieur Montana, but have some experience with this issue so thought I'd offer up my experiences ...

Many of the schedules I have seen that were produced by lawyers are, generally, ok or at least a really good starting point.  That said, some of the issues I have run into include:

1) No inventory to back up series breakdowns
2) Overly granular series
3) Overuse/inappropriate use of the word "document"
4) Citations not attached to the schedule**
5) Overly conservative retention periods
6) Poorly written accompanying policies (e.g. too much legalese, policy is perfect yet not "do-able" ...)

**Some of the schedules without citations are merely a result of the lawyer not attaching them, while others are because the lawyer went on their inherent knowledge of the law (mostly statutory requirements) and went with their gut.  For those who do formal research, the task is usually farmed out to an associate with oversight by a partner.

So, in the end, it depends.  Some lawyers really do "get it" and do a pretty decent job; others, not so much.  Whether they use a commercial citation database or do the research the old fashioned way is less of an issue than the inclination to do the research in the first place, and having a perspective of "business as usual" rather than looking at retention primarily through the lens of litigation response requirements.

<All comments are my own ... and if any reader happens to be a lawyer I've worked with on retention schedules in the past, I'm sure you are one of those who "get it".  :) >

Julie

Sent from my iPad

On Nov 17, 2012, at 8:06 PM, John Phillips <[log in to unmask]> wrote:

> John,
> 
> Just out of curiosity - when a "typical lawyer" (Inside/Outside Counsel)
> tells their management/client that they have created a retention schedule,
> what sources/processes do you think they used? I often hear Corporate
> Counsels in small organizations say the "did" the retention schedule
> themselves, when they often seem marginally informed about records
> management in general. I doubt any of them used Retention or Retention
> Manager software, for instance.
> 
> John
> 
> ***************************
> John Phillips
> Information Technology Decisions

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