The definition of "some time ago" as well as the settlement date would be helpful in giving you an answer. I don't agree completely with the logic of your opinion, " this material should be processed as nonrecord material because it was nonrecord material before the litigation." I think the more important thing is: was any of it record material AFTER the litigation? The status after the litigation was concluded is more important than the status before the case commenced.
This is a level of risk assessment problem. My bottom line would be to defer to your company's retention plan for litigation material and/or what your General Counsel says in writing.
Bill Creamer
Records & Conflicts Manager
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212.728.3448
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Martin, Deborah L
Sent: Thursday, June 27, 2013 5:29 PM
To: [log in to unmask]
Subject: [RM] Litigation Question
I need a good argument to present to my management, and so I immediately thought of this group because of the vast experience and because there are so many people that are better at explaining things than I am...:)
The question is, we were under litigation some time ago on a case that has since gone through court and reached a court decision and been settled with the litigants. Attorneys on both sides said they are no longer interested in any of these documents. During the litigation period we retained hundreds of boxes of nonrecord material that were potentially relevant to the case. This material is not related to the case, but when the case was initiated the attorneys sent a message out saying anyone in these organizations were not allowed to destroy any material. The record material they collected went to records storage, this is the nonrecord material they collected.
In my opinion, since the litigation case is over, this material should be processed as nonrecord material because it was nonrecord material before the litigation. We have some staff that think the material should be retained as record material relevant to the litigation case.
So I would appreciate any comments anyone can provide, even if it's to say that I'm all wet.
Deb Martin, CRM, CIP
Lockheed Martin
825 Jadwin, Room 454
Richland, WA 99352
509-376-3771
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