Have Your Records Management Policy Prepared Before The Lawsuit

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

In the confer meeting, explain your records management policies and all other relevant procedures

In terms of change management for this meeting confer, we should start by collecting all your policies and procedures, including electronic communications policy.

And, you’re going to have to produce your records management policy, records management procedure, records retention schedule and your legal hold policy with procedures. In other words, what is the process for legal holds for when you learn of a pending or potential litigation? What process is in place within your company that will stop the destruction of relevant information in your electronic records management policy, to make sure that it’s preserved in preparation for this lawsuit.

Be prepared to thoroughly explain the history of each of those policies and procedure, including any sort of implementation weaknesses, history. And, the reason we need to do this is we need to let our counsels know what the weaknesses are within our company. They need to know this in advance; before you have your counsel then go out and make promises with things that they can’t deliver. Obviously, when you sit down with your counsel, discuss the likelihood of electronic information being critical in the discovery process, because not all cases will hinge on electronic discovery.

Continuing with change management as it pertains to that meeting confer process, if, you find that you will need to produce electronic records, you need to talk about an inventory of all the possible sources where responsive electronic information could be found. So, the digital haystack. Now is the time to have this records management policy prepared. Rather than waiting till you get hit with a lawsuit.

Edited Remarks from “How to Bulletproof Your Data Storage Strategy: New Legal Rules for Electronic Discovery” by John Isaza, Esq.

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