FRCP – Safe Harbor clause

As with previous post(s), we have explored the reality of IT people acting as “Guardians” with compliance issues that role into eDiscovery availability.   The topic is something the LPM Committee will not let die.

Strolling through numerous sources of information we come across this listing that begs for commentary reaction:

FRCP looking like a PITW (Pain in the Wallet)
March 6th, 2008 by Tory Skyers

Note:   There’s a “Safe Harbor” clause in the FRCP that absolves companies of responsibility if the company has — and strictly follows — a deletion and retention policy. This protects the company from falling afoul of the regulation, but does my act (as an end user) of deleting an email fall under the “Safe Harbor” clause?

Let me put on my lawyer hat. Okay, it’s on. I’ve seen some precedent that leads me to believe that simply having and following a policy is not enough. …………

Hello!  Can anyone see the opportunity here.  Confusion begs for billable knowledge.  This is just a sampling of something that is repeated daily in many businesses right here in DuPage.   But this LPM member is needing too go a step further.  I need a partner to help me address these issues with MY clients.  Building physical storage solutions without updated Retention/Deletion policies is like putting on your pants an leaving the zipper open.

What I fail to understand is this readerships inability to visualize this opportunity  an act on it.  Especially, when I have yet too meet anyone that could not use another client.   Clients pay me for a solution, which means I better have good vendors.   Maybe I’m addressing the wrong crowd……

One response to “FRCP – Safe Harbor clause

  1. Amen – you are the first person I’ve run across to say something I’ve been thinking. There are huge companies out there covering the big law firms/corporations in discovery for complex litigation (toxic tort, class action, IP/patent infringement, etc.) and making lots of $$. However, given that over time 99.9% of attorneys will have to contact ediscovery in some way the market seems limitless (especially in the small and midsize market). Could you imagine the stream of income available if you could provide a reasonably priced set of solutions for the solo and small firms out there? Mind boggling! They will never build their own ediscovery capabilities and will need service on an ongoing basis.

    And I don’t even work as a consultant…….

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