The justification is pragmatic. The problem to solve is how to be effective at litigation readiness. In certain conditions (explained below -- strong Legal, strong RM, weak litigation readiness, strong motivation to fix litigation readiness), this approach works. By "works" I mean improves litigation readiness from a poor state to an adequate state. It may be a permanent way for such an organization to organize the relationship between legal holds and RM. Or the organization may choose to revert to the traditional configuration once it gets its litigation readiness strong enough to act on its own. 

-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Larry Medina
Sent: Tuesday, March 26, 2013 5:34 PM
To: [log in to unmask]
Subject: Re: Defining “Documents under Legal Hold” as Records?

On Tue, Mar 26, 2013 at 3:15 PM, Richard Medina <[log in to unmask]>wrote:

> My replies in screaming CAPS below. (Is this good protocol? Please let 
> me know. I'd use a different typeface or color if I could.)
>

Rather than going point by point OR SCREAMING, the point I was trying to make is an organization typically has a Records Management Policy, and as part of that policy, you define (for YOUR organization) what constitutes a "Record", and in many cases, what the universe of "Non-Records" are as well.

You establish retention periods for your records, NOT you non-records... so why call a non-record a record simply so you can place a hold on it?  If the content of the information makes it subject to a hold, irrespective of what it is, then you place a hold on it.

There's no need to re-categorize or identify an object simply so you can place a hold on it.

Larry
[log in to unmask]

--
*Lawrence J. Medina
Danville, CA
RIM Professional since 1972*

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