Among the Topics at the Confer Meeting: Your Records Management Policy

by on July 8, 2009 · 0 Comment POSTED IN: HR Info Center

Your Records Management Policy will determine how documents are presented

When you show up at that meeting, confer meeting, what are the topics going to be? Well, you’re going to be exchanging information regarding your records management policy and, again, going back to that architecture, you’re going to take some steps to preserve the information. So, you will be talking about what the other side is doing to preserve the information and what you’re doing to preserve the information that pertains to this case.

You are going to talk about any burden or cost shifting arrangements. So, for example, if the other side wants to see information that is going to be unduly expensive for you to produce, then you need to let the other side know, hey, if you really want this information you’re going to have to step up to the plate and help pay for it.

You will be talking about your records management policy. If you are going to be producing those, you’re going to talk about the format in which the information is going to be produced. You’ll be talking about, generally, very broad brushes about what other information would be sought.

And, then finally, what is your records management policy going to do to preserve what’s called the privilege? What are you going to do about attorney work product information that might be contained in, say, in the metadata of word documents. So, if you’ve been exchanging a contract with your counsel, your counsel makes some revisions to it. And, eventually, that contract gets put into final, if, for some reason the drafts of those contracts are in your systems, you’re going to need to produce those.

But, those drafts contain metadata, in other words, comments from the attorney. What are you going to do to preserve the comments that are made from those attorneys before you produce it to the other side, so that they don’t get a chance to see it? Obviously, if, you’re producing them in just PDF format, they’re not necessarily going to see the information. But, if you’re producing the information in native or some other type of format that will allow the other side to see the metadata that’s contained within the document, then obviously, you don’t want them to see that.

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