Law firms big and small face similar challenges with the vast and increasingly important field of legal technology. One threshold question posed to law firms by their clients, is how a company or organization should manage its internal and external documents--both to preserve documents as legally required but also to maintain privacy and confidentiality by destroying documents in a timely and appropriate manner.
The following FindLaw video introduces this initial topic of legal records management and technology.
Watch the short primer to learn about:
- Developing a document retention and legal records management policy
- Spoliation as related to FRCP Rule 37
- Which types of business records should be retained
- Which types of documents should not be destroyed
- how the legal records management policy should address key law such as:
- Fair and Accurate Credit Transaction Act (FACTA)
- Health Insurance Portability and Accountability Act (HIPPA)
- Financial Services Modernization of 1999 (Gramm-Leach-Bliley)
The field of eDiscovery is defining itself in real time. Though bright-line rules are few and far between, the lack of red letter law should not prevent your law firm from advising clients on best practices in legal records management and assisting them in developing a policy that they can use, replicate, and modify according to their shifting needs needs and changes in the law.