according to ziff davis media the updated federal rules now in effect represent a regime change when it comes to posting, keeping, and retrieving electronic information. e-discovery and other legal forms of revelation make it necessary for clients to have new policies in place to deal with the situationn. lawyers must be ready to review and even to create such policies.
the LPM committee recommends that attorneys should ask the following simple questions of their existing and prospective business clients:
1) do you have electronic storage/access/destruction polices in place?
2) were they written by an IT professional, a consultant, or a lawyer?
if no such policies exist the company’s lawyer should draft them right away. if policies do exist they should be reviewed. if your client still asks why, remind them that they risk litigation not only regarding the content of what has (or has not) been stored, not only regarding the fact that they failed to keep adequate records, but due to the fact that they failed to put a policy in place at all. yes, it’s a no-win situation.
contact me at email@example.com and i can talk to you about the 60 page report that is available on this subject. scary stuff. we’ll see if we can highlight exceprts in future blog posts.