>>>> Please read the confidentiality statement below <<<<
<Wouldn't it be better to establish retention periods for different
types of matters then to continually ask the attorneys opinion on how
long to keep the file?>
Yes it would, assuming the retention period you establish is accurate.
Problems: if you define the type of matter when the file opens,
circumstances may change during the case that would affect the retention
period. If you define the type of matter when it closes, are all of the
particulars crystal clear by a visual review of the file? Who is best
qualified to understand all the complexities that may have arisen? We
decided the attorney closest to the case is most qualified. But that's
just us, there are a lot of variations among firms.
Gary L. Grieme
Records Manager
Robins, Kaplan, Miller & Ciresi L.L.P.
Minneapolis, MN
612-349-8538
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>>> Peter Kurilecz <[log in to unmask]> 6/2/2005 9:40:55 AM >>>
On 6/2/05, Gary L. Grieme <[log in to unmask]> wrote:
> >>>> Please read the confidentiality statement below <<<<
>
> <For the most part, they seem to have no problem with the
destruction
> period, just with the event
> date to start the clock ticking.>
>
> This might be the central issue. It's fine to start with a
clear-cut
> guideline, e.g., "destroy 5 years after case closed or appeal
process
> expired," but when a matter is closed, the attorney should have input
to
> say either the standard retention period is OK, or the file needs to
be
> retained until year X for reason Y. That probably applies for
inhouse
> counsel records in any industry. Gus, getting all the lawyers aboard
is
> like herding cats but by asking for their input on each case that
might
> eliminate all their valid reasons for not complying.
I have a fundamental problem with the above. Asking the attorney if
the standard retention period is ok or do they need to keep it longer
just doesn't ring right with me. Where is the consistency in the
retention program? Wouldn't it be better to establish retention
periods for different types of matters then to continually ask the
attorneys opinion on how long to keep the file? Now I agree that
getting the attorneys to all agree on a standard retention period is
like herding cats, but isn't that our job?
--
Peter Kurilecz
Richmond, Va
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