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Subject:
From:
Diane Walker <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Mon, 11 Nov 2013 14:42:40 -0600
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Glen - It seems we are more focused on custodial files these days - eh?  It
is a bit more complex than Office of Record or OFFICIAL Business
Record since the documents (Business Records or General Information) were
in the care and custody of an individual aka a "convenience copy".  As you
know - if legal hold orders are in place, it includes the official business
record and any/all copies unless the court gives you written permission to
destroy copies (which is rare in my experience) which includes custodial
copies.

Maybe the lawyers on the listserve can reply to this question... In light
of the employee who was recently taken into custody after deleting certain
PDA messages, If an employee leaves the company for another employment
opportunity, and that person has been ordered/notified by the court to
retain certain documents... what if any responsibility does the individual
have to make sure that the records are available after he/she
leaves?  Would a signed chain of custody acknowledgement be enough to prove
that he/she acted in good faith?  Is that even necessary?

Diane Walker, CRM
Be Prepared To Be Successful !
[log in to unmask]
www.linkedin.com/in/dianewalkercrm
281-799-8910

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