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On 4/20/07, Blake Richardson <[log in to unmask]> wrote:
>
>
> I would like the List's perspective on the reality of this issue, e.g.
> If plaintiff's attorney raises this issue, what is the likelihood that
> it will be detrimental to my company as long as we can provide
> documentation of our imaging procedures and demonstrate that they are
> being followed? In the private sector, I am not aware of any
> requirements to keep the wet signature contract. Any thoughts?
>
I'm like Flynn, I'm not an attorney, nor have I played one on
television. I have stayed in a Holiday Inn (as well as Comfort Inns,
Radisons, Marriotts, you name it I've probably stayed there.)
those caveats out of the way. Unless there is a statutory requirement
that states you must retain the wet signature document you should be
able to destroy it IF you fully document your imaging process and
clearly state when you will destroy the hardcopy documents.
But how many contracts are we talking about in terms of standard
records contracts? 100s, 1000s per year? Are you imaging the contracts
to provide greater access capabilities? What is the retention period
for the contracts.
I think you are going to have to do some deep digging for articles and
cases about disputed signatures. i would ask you inhouse counsel how
often do they have to present the original signed contract in court.
anyway my thoughts on Firday evening
pak
--
Peter Kurilecz CRM CA
Richmond, Va
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