This session addressed data retention issues within the eDiscovery process. Protecting data is crucial, but what happens to all these files when a matter has concluded? While there is no one answer that fits all situations, there are some good rules to follow to ensure the data remains protected until a final decision is made to delete or retain.
Corporate document retention policies, court orders, privacy laws, and many other factors will apply to each situation. The overkeeping of ESI (or storage of paper documents) can get expensive, plus more files means an increased risk of breach. At the end of the day, it is crucial to create a repeatable documentation process to handle your case closure workflow. This process should include one final document that records deletions, tracks the return of files to clients/custodians, or saved location of all data and files as well as a checklist to ensure all pertinent laws, rules, policies, and preferences are considered prior to return or deletion.
Similar to a data map at the onset of a matter, this final documentation will serve as a quick resource to outline what happened to all the data when a case was closed. Since people tend to change jobs every few years, this document will be a great resource for employees who were not involved in the original matter.
David Netzer, President
Legal Tech Talent Network
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