Three Practical Effects of a Records and Information Management System

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

Have a Records and information management strategy that complies with Revised Federal Rules

First of all, realize that if you’re talking strictly about the Federal Rules, not all cases are Federal Cases. So, you’re not going to be subject, necessarily, to those early meeting confer requirements unless you’re in a Federal Case.

However, there is a momentum going on with the States, where the States are adopting their own versions of the Federal Rules, so, it’s entirely possible that at the State level, whatever State you may be in, that there is a State version of the Federal Rules.

So, when we say not all cases are Federal Cases, then obviously, where the first determination we need to make in our mind is are we talking about a Federal Case where we’re going to be subject, definitely, to those Federal Rules. And, if, it’s not a Federal Case, are we in a State that may have similar provisions to the Federal Rules.

You don’t have to be an attorney to be asking yourself this question. You need to be asking yourself this question if you’re in any way responsible for responding to this information, because you need to know in advance, how fast you’re going to need to produce this information and be prepared to effectively utilize your records and information management strategy.

Related to this high-level practical effect, the fact is that not all cases may involve electronic discovery. In this day and age with the prevalence of email at just about every company, it’s hard to think of a case that would not involve electronic discovery of at least the emails. It could be possible where you’re talking about a personal injury. But, even in those instances, a certain amount of discovery email at minimum will be addressed. Therefore, having a records and information management strategy to prepare for such an event is incredibly beneficial.

Third, addressing electronic discovery at the outset will minimize risk of sanctions and procedural complexity. Be sure that you have all the stuff lined up in your records and information management strategy. Invest in policies and procedures. Invest in technology that’s going to help you manage this digital haystack of electronic information as soon as possible. This way you don’t just get hit or get blindsided when you do get hit with litigation and have to produce this stuff because it will cripple your company and in some instances could potentially set you down.

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