piles of paper

True or false: Are records a liability?  The answer depends on who you talk to.

To the legal information professional, records are the lifeblood of society, providing answers to questions and access to justice. The systematic organization of records is critical for access and problem-solving.

Yet, to the records manager, records mean something different based on the type of records manager. To a disorganized records manager, records are a pain, something that cannot be located, something that is constantly rife with problems, questions, and constant training. To the organized records manager, records make the organization hum and churn along at an amazing clip.

And, to the firm administrator, the records liability always seems to increase. The cost of developing a records retention program which includes a records policy and retention schedule, and then getting the lawyer partners to review and approve it, and finally approving the physical destruction of paper and electronic records — all this costs time and resources, adding to the liability factor. It can seem like spending good money after bad.

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And finally, to the client, to whom the records belong: The client always expects the law firm to pay for the creation, tracking, and permanent storage of these records, in case they are needed.

To keep the records liability beast at bay is to have a robust records management policy and then actually put it into play. Statistics show that only 25% of law firms have a records retention policy and, of those, only 10% use it to maintain the records lifecycle, i.e., create, maintain and destroy.

Engaging with a records consulting professional will not only tame the records liability beast but will save you 20-30% of your records spend.

For further reading:
ISO 15489, a standard for records management, defines records as “information created, received and maintained as evidence and information by an organization or person, in pursuance of legal obligation or in the transaction of business”.
ARMA, an information management membership organization, defines records as “stored information, regardless of media or characteristics, made or received by an organization that is evidence of its operations and has value requiring its retention for a specific period of time”.

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