Best practices for email retention and litigation readiness

Lack of compliance with existing records retention policies and failure to update them are causing serious issues for companies and counsel.  What are some best practices that may help you avoid these issues?

Evaluate your current email management practices. Is there a policy in place? Is it being enforced properly? Do you have litigation hold procedures? Are you aware of your regulatory requirements? Do you have an updated records inventory (including electronic records)? Once you’ve answered these preliminary questions you should conduct or update the company’s records inventory by using the 5 W’s (and 1 H): Who? What? Where? When? Why? How?

The team must evaluate how records come into the company who receives them how they are used where they are stored and what purpose the record serves.  The records inventory will provide the data that will be essential to making a reasonable decision on the management protection retention or destruction of those records. The inventory or “”data map”” should identify both paper and electronic records located at the company’s offices on the network at off-site locations at third party providers and in its employees’ computers including home or remote offices (if applicable).

Take time to compile your inventory thoroughly and you will have the basis of a good records management program. A carelessly put together data map will set the stage for ongoing information risks.

Planning the inventory
The success of the inventory will depend on three factors: the cooperation of the employees who are considered process owners support for your records retention task force and your skill in conducting interviews with IT and end-users.

Preliminary assessment
Before you begin the inventory assess current storage areas.  Gain an understanding of the network configuration and operations by obtaining a LAN diagram and all related policies and procedures.  Identify the location of paper and electronic records. Calculate their total volume including associated costs for storing.  Identify problem areas such as backup tapes legacy data littered file servers systems replacement and/or future mergers/acquisitions.

Conducting the inventory
When conducting the inventory identify all the required records and exclude the irrelevant ones.  Use these definitions:

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