Carol,
I agree completely. We have resolved the issue of record vs non-record
by adopting the terms of transitory records and official records. Any
document/information that the organization requires for legal, regulatory,
operational, or financial reasons becomes a record as soon as it is shared
with another individual or entity.
Transitory records/information have only immediate or short-term
usefulness, are required for the short term to complete a routine action,
are needed for the preparation of a report or summary (and superceded by
that report), or are classed as an external publication.
The moment you share an information 'draft' with another individual or
entity, then it becomes an official record/information.
We have a third term of 'working copies', that are copies of official
information that are created for operational reasons, are not altered, and
that are deleted within six months of their creation.
Sam McCollum, CRM, MBA
On Tue, Nov 27, 2012 at 7:09 AM, Carol E.B. Choksy <
[log in to unmask]> wrote:
> Dear Everyone,
>
> One of the elements of this conversation is whether captured information is
> a record or not. Civil Procedure makes no distinction concerning whether
> information is a record or not for purposes of discovery or trial. That is
> one of the reasons the term ESI (electronically stored information) was
> created. Lync is clearly electronically stored information. With all due
> respect to my esteemed colleagues, record/no-record is irrelevant for
> litigation discovery. If a reasonable expectation of litigation arose that
> included anything in Lync, the duty to preserve arises for that
> information.
>
> Further, there are regulations regarding broker/dealers that would require
> all Lync communications to be retained for three or six years, simply
> because it is broker/dealers who are communicating.
>
> I advise my clients to avoid worrying about whether information is a record
> or not and just worry about managing it appropriately. In Earl's company it
> sounds like Lync has replaced email as a preferred form of communication.
> Email needs to be managed and so does Lync and that management must include
> plans for how to perform a legal hold on that information. Transitory
> information in electronic form is still ESI and subject to discovery.
>
> Best wishes for a great holiday season!
>
> Carol E.B. Choksy, PhD CRM PMP
> CEO
> IRAD Strategic Consulting, Inc.
> [log in to unmask]
> 317-294-8329
>
> Adjunct Lecturer
> School of Library and Information Science
> Indiana University, Bloomington
> [log in to unmask]
>
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--
Sam McCollum, MBA, CRM, ERMm
President and CEO of SIMC Coaching
RIM Professional since 1983
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*Coaching you on your way to success*
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