Robert,

 I think there's a distinction to be made between "a record" and "something
which is recorded," certainly - and that sounds like where you're going. 
Discoverability, though, is not limited to records, but may extend into
what has been recorded regardless of whether it is viewed as a record in
the proper sense of the term.

 By turning off the easy ability to save conversations, they're trying to
limit the amount of information that gets recorded, and also sending a
clear signal that they do not wish conversations taking place on Lync to be
regarded as record-worthy.  Perhaps they're also trying to say that
anything record-worthy should be documented in some other fashion rather
than via Lync - pushing "instant message" type conversations into the realm
of the telephone conversation, which must be documented in a different
medium rather than simply recorded in its entirety.

 Best,

 -David

 On Mon 26/11/12 1:03 PM , "bobd" [log in to unmask] sent:
 Now I may be reading Earl's response incorrectly, and of course it may be
different in a law office, but to me "a record is a record regardless of
media" would apply here. Lync is just another media type. By turning off
Lync they may be deleting records that are discoverable. Be interested in
what are respected legal eagles have to say on the subject. Excellent
question.

 Robert W Dalton, CRM
 Dalton Consulting
 253-229-4555
 [log in to unmask]

 From: Records Management Program [[log in to unmask]] On Behalf Of
Johnson Jr., Earl
 Sent: Monday, November 26, 2012 10:44 AM
 To: [log in to unmask]
 Subject: Re: [RM] Is Microsoft Lync 2010 an e-Discovery Candidate, need
retention?

 Good question Kathy and yes, our attorneys tell me that these kinds of
communications can indeed, be discoverable. We also use Lync internally,
and made a very conscious decision to turn off the Save feature of Lync and
they are not identified on our retention schedules. We also encourage our
users not to use screenshots, cut
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