LISTSERV mailing list manager LISTSERV 16.0

Help for RECMGMT-L Archives


RECMGMT-L Archives

RECMGMT-L Archives


RECMGMT-L@LISTS.UFL.EDU


View:

Message:

[

First

|

Previous

|

Next

|

Last

]

By Topic:

[

First

|

Previous

|

Next

|

Last

]

By Author:

[

First

|

Previous

|

Next

|

Last

]

Font:

Proportional Font

LISTSERV Archives

LISTSERV Archives

RECMGMT-L Home

RECMGMT-L Home

RECMGMT-L  January 2001

RECMGMT-L January 2001

Subject:

Re: Litigation records

From:

John Montana <[log in to unmask]>

Reply-To:

[log in to unmask]

Date:

Thu, 18 Jan 2001 13:49:14 -0700

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (67 lines)

I wasn't at Don's session, but his statement is true -- with only with some
very, very large caveats.  If the caveats are not adequately observed and
accounted for, the statement is untrue to the point of danger.

Once you are on notice that records MAY be germane to a case, you are under an
obligation not to dispose of them.   Although the records here may appear to
have nothing to do with the case, the proceedings in the case may well have
created legitimate reasons that they ought not be disposed of:

 -- They were the subject of a discovery demand that has never been rescinded;
 --  There may be a court order in place with respect to them;
 --  The parties may have entered into an agreement or stipulation with respect
to the records;
 -- The settlement is not yet fully final, the records may yet possibly have
some value in the matter and your lawyers do not want to take any bullets out
of their gun until they have signed release in hand.

Each of the first 3 reasons places an affirmative duty on you -- with very high
penalties for failure --   to continue to retain the records, regardless of
whether they are useful for anything or not.  The 4th is simply prudence.

If there is an open discovery request, court order or stipulation in place
regarding retention of the records, no lawyer in is or her right mind would
consent to disposition of the records until the case closed and/or all such
orders and stipulations were released, regardless of how they viewed settlement
prospects.  Even in the absence of these, the 4th reason is good enough on its
own.  Proposed settlements fall through for many reasons, frequently very late
in the game. You don't have a settlement until you have a signed agreement in
hand, and a court order accepting it and dismissing the case with prejudice.
Until then, you are in the middle of a lawsuit, and must be prepared to
prosecute it.

You may wish to discuss with the person in legal just why the records are still
needed.  If it turns out that none of the above is true, their objection to
disposing of the records might go away.  Even if there is a stip, order etc. in
place, you could alway seek a stipulation or court order permitting disposition
of the records prior to settlement, if the parties can agree that the records
are not needed.  I would not, however, assume that the person in legal doesn't
know what they are doing -- they may know quite well indeed.  Even if they
don't, it might be a bad career move to destroy records that are on legal hold
due to a lawsuit.  That's not an area where records managers are deemed to have
a whole lot of personal discretion.

John Montana
Montana & Associates
29 Parons Road
Landenberg PA 19350
610-255-1588

[log in to unmask] wrote:

>  I have 700 boxes of records records(83-92) up for destruction for
> Accounts/Payable.  We have been  waiting for a settlement for years trying
> to recover some cost from a ground contamination case.  The discovery is
> over just waiting for them to say they will pay.  At the ARMA Conference, I
> went to a class by Skupsky where he stated " Don't let your legal people
> tell you not to destroy any records while in litigation, you can." Most of
> these records have nothing to do with case but one person in legal refuses
> to ok the destruction of any records in this department. She said it was a
> strict requirement  we had to keep them till settlement. Most of the
> discovery was cancelled checks showing money we had paid.   Any advice from
> the great experts out there?  Do I give in and continue to hold?
>
> Linda Collins/Senior Records Analyst
>
> 408-982-6595- 2-6595
> m/s 56

Top of Message | Previous Page | Permalink

Advanced Options


Options

Log In

Log In

Get Password

Get Password


Search Archives

Search Archives


Subscribe or Unsubscribe

Subscribe or Unsubscribe


Archives

September 2018, Week 1
August 2018, Week 5
August 2018, Week 4
August 2018, Week 3
August 2018, Week 2
August 2018, Week 1
July 2018, Week 5
July 2018, Week 4
July 2018, Week 3
July 2018, Week 2
July 2018, Week 1
June 2018, Week 5
June 2018, Week 4
June 2018, Week 3
June 2018, Week 2
June 2018, Week 1
May 2018, Week 5
May 2018, Week 4
May 2018, Week 3
May 2018, Week 2
May 2018, Week 1
April 2018, Week 5
April 2018, Week 4
April 2018, Week 3
April 2018, Week 2
April 2018, Week 1
March 2018, Week 5
March 2018, Week 4
March 2018, Week 3
March 2018, Week 2
March 2018, Week 1
February 2018, Week 4
February 2018, Week 3
February 2018, Week 2
February 2018, Week 1
January 2018, Week 5
January 2018, Week 4
January 2018, Week 3
January 2018, Week 2
January 2018, Week 1
December 2017, Week 5
December 2017, Week 4
December 2017, Week 3
December 2017, Week 2
December 2017, Week 1
November 2017, Week 5
November 2017, Week 4
November 2017, Week 3
November 2017, Week 2
November 2017, Week 1
October 2017, Week 5
October 2017, Week 4
October 2017, Week 3
October 2017, Week 2
October 2017, Week 1
September 2017, Week 5
September 2017, Week 4
September 2017, Week 3
September 2017, Week 2
September 2017, Week 1
August 2017, Week 5
August 2017, Week 4
August 2017, Week 3
August 2017, Week 2
August 2017, Week 1
July 2017, Week 5
July 2017, Week 4
July 2017, Week 3
July 2017, Week 2
July 2017, Week 1
June 2017, Week 5
June 2017, Week 4
June 2017, Week 3
June 2017, Week 2
June 2017, Week 1
May 2017, Week 5
May 2017, Week 4
May 2017, Week 3
May 2017, Week 2
May 2017, Week 1
April 2017, Week 5
April 2017, Week 4
April 2017, Week 3
April 2017, Week 2
April 2017, Week 1
March 2017, Week 5
March 2017, Week 4
March 2017, Week 3
March 2017, Week 2
March 2017, Week 1
February 2017, Week 4
February 2017, Week 3
February 2017, Week 2
February 2017, Week 1
January 2017, Week 5
January 2017, Week 4
January 2017, Week 3
January 2017, Week 2
January 2017, Week 1
December 2016, Week 5
December 2016, Week 4
December 2016, Week 3
December 2016, Week 2
December 2016, Week 1
November 2016, Week 5
November 2016, Week 4
November 2016, Week 3
November 2016, Week 2
November 2016, Week 1
October 2016, Week 5
October 2016, Week 4
October 2016, Week 3
October 2016, Week 2
October 2016, Week 1
September 2016, Week 5
September 2016, Week 4
September 2016, Week 3
September 2016, Week 2
September 2016, Week 1
August 2016, Week 5
August 2016, Week 4
August 2016, Week 3
August 2016, Week 2
August 2016, Week 1
July 2016, Week 5
July 2016, Week 4
July 2016, Week 3
July 2016, Week 2
July 2016, Week 1
June 2016, Week 5
June 2016, Week 4
June 2016, Week 3
June 2016, Week 2
June 2016, Week 1
May 2016, Week 5
May 2016, Week 4
May 2016, Week 3
May 2016, Week 2
May 2016, Week 1
April 2016, Week 5
April 2016, Week 4
April 2016, Week 3
April 2016, Week 2
April 2016, Week 1
March 2016, Week 5
March 2016, Week 4
March 2016, Week 3
March 2016, Week 2
March 2016, Week 1
February 2016, Week 5
February 2016, Week 4
February 2016, Week 3
February 2016, Week 2
February 2016, Week 1
January 2016, Week 5
January 2016, Week 4
January 2016, Week 3
January 2016, Week 2
January 2016, Week 1
December 2015, Week 5
December 2015, Week 4
December 2015, Week 3
December 2015, Week 2
December 2015, Week 1
November 2015, Week 5
November 2015, Week 4
November 2015, Week 3
November 2015, Week 2
November 2015, Week 1
October 2015, Week 5
October 2015, Week 4
October 2015, Week 3
October 2015, Week 2
October 2015, Week 1
September 2015, Week 5
September 2015, Week 4
September 2015, Week 3
September 2015, Week 2
September 2015, Week 1
August 2015, Week 5
August 2015, Week 4
August 2015, Week 3
August 2015, Week 2
August 2015, Week 1
July 2015, Week 5
July 2015, Week 4
July 2015, Week 3
July 2015, Week 2
July 2015, Week 1
June 2015, Week 5
June 2015, Week 4
June 2015, Week 3
June 2015, Week 2
June 2015, Week 1
May 2015, Week 5
May 2015, Week 4
May 2015, Week 3
May 2015, Week 2
May 2015, Week 1
April 2015, Week 5
April 2015, Week 4
April 2015, Week 3
April 2015, Week 2
April 2015, Week 1
March 2015, Week 5
March 2015, Week 4
March 2015, Week 3
March 2015, Week 2
March 2015, Week 1
February 2015, Week 4
February 2015, Week 3
February 2015, Week 2
February 2015, Week 1
January 2015, Week 5
January 2015, Week 4
January 2015, Week 3
January 2015, Week 2
January 2015, Week 1
December 2014, Week 5
December 2014, Week 4
December 2014, Week 3
December 2014, Week 2
December 2014, Week 1
November 2014, Week 5
November 2014, Week 4
November 2014, Week 3
November 2014, Week 2
November 2014, Week 1
October 2014, Week 5
October 2014, Week 4
October 2014, Week 3
October 2014, Week 2
October 2014, Week 1
September 2014, Week 5
September 2014, Week 4
September 2014, Week 3
September 2014, Week 2
September 2014, Week 1
August 2014, Week 5
August 2014, Week 4
August 2014, Week 3
August 2014, Week 2
August 2014, Week 1
July 2014, Week 5
July 2014, Week 4
July 2014, Week 3
July 2014, Week 2
July 2014, Week 1
June 2014, Week 5
June 2014, Week 4
June 2014, Week 3
June 2014, Week 2
June 2014, Week 1
May 2014, Week 5
May 2014, Week 4
May 2014, Week 3
May 2014, Week 2
May 2014, Week 1
April 2014, Week 5
April 2014, Week 4
April 2014, Week 3
April 2014, Week 2
April 2014, Week 1
March 2014, Week 5
March 2014, Week 4
March 2014, Week 3
March 2014, Week 2
March 2014, Week 1
February 2014, Week 4
February 2014, Week 3
February 2014, Week 2
February 2014, Week 1
January 2014, Week 5
January 2014, Week 4
January 2014, Week 3
January 2014, Week 2
January 2014, Week 1
December 2013, Week 5
December 2013, Week 4
December 2013, Week 3
December 2013, Week 2
December 2013, Week 1
November 2013, Week 5
November 2013, Week 4
November 2013, Week 3
November 2013, Week 2
November 2013, Week 1
October 2013, Week 5
October 2013, Week 4
October 2013, Week 3
October 2013, Week 2
October 2013, Week 1
September 2013, Week 5
September 2013, Week 4
September 2013, Week 3
September 2013, Week 2
September 2013, Week 1
August 2013, Week 5
August 2013, Week 4
August 2013, Week 3
August 2013, Week 2
August 2013, Week 1
July 2013, Week 5
July 2013, Week 4
July 2013, Week 3
July 2013, Week 2
July 2013, Week 1
June 2013, Week 5
June 2013, Week 4
June 2013, Week 3
June 2013, Week 2
June 2013, Week 1
May 2013, Week 5
May 2013, Week 4
May 2013, Week 3
May 2013, Week 2
May 2013, Week 1
April 2013, Week 5
April 2013, Week 4
April 2013, Week 3
April 2013, Week 2
April 2013, Week 1
March 2013, Week 5
March 2013, Week 4
March 2013, Week 3
March 2013, Week 2
March 2013, Week 1
February 2013, Week 4
February 2013, Week 3
February 2013, Week 2
February 2013, Week 1
January 2013, Week 5
January 2013, Week 4
January 2013, Week 3
January 2013, Week 2
January 2013, Week 1
December 2012, Week 5
December 2012, Week 4
December 2012, Week 3
December 2012, Week 2
December 2012, Week 1
November 2012, Week 5
November 2012, Week 4
November 2012, Week 3
November 2012, Week 2
November 2012, Week 1
October 2012, Week 5
October 2012, Week 4
October 2012, Week 3
October 2012, Week 2
October 2012, Week 1
September 2012, Week 5
September 2012, Week 4
September 2012, Week 3
September 2012, Week 2
September 2012, Week 1
August 2012, Week 5
August 2012, Week 4
August 2012, Week 3
August 2012, Week 2
August 2012, Week 1
July 2012, Week 5
July 2012, Week 4
July 2012, Week 3
July 2012, Week 2
July 2012, Week 1
June 2012, Week 5
June 2012, Week 4
June 2012, Week 3
June 2012, Week 2
June 2012, Week 1
May 2012, Week 5
May 2012, Week 4
May 2012, Week 3
May 2012, Week 2
May 2012, Week 1
April 2012, Week 5
April 2012, Week 4
April 2012, Week 3
April 2012, Week 2
April 2012, Week 1
March 2012, Week 5
March 2012, Week 4
March 2012, Week 3
March 2012, Week 2
March 2012, Week 1
February 2012, Week 5
February 2012, Week 4
February 2012, Week 3
February 2012, Week 2
February 2012, Week 1
January 2012, Week 5
January 2012, Week 4
January 2012, Week 3
January 2012, Week 2
January 2012, Week 1
December 2011, Week 5
December 2011, Week 4
December 2011, Week 3
December 2011, Week 2
December 2011, Week 1
November 2011, Week 5
November 2011, Week 4
November 2011, Week 3
November 2011, Week 2
November 2011, Week 1
October 2011, Week 5
October 2011, Week 4
October 2011, Week 3
October 2011, Week 2
October 2011, Week 1
September 2011, Week 5
September 2011, Week 4
September 2011, Week 3
September 2011, Week 2
September 2011, Week 1
August 2011, Week 5
August 2011, Week 4
August 2011, Week 3
August 2011, Week 2
August 2011, Week 1
July 2011, Week 5
July 2011, Week 4
July 2011, Week 3
July 2011, Week 2
July 2011, Week 1
June 2011, Week 5
June 2011, Week 4
June 2011, Week 3
June 2011, Week 2
June 2011, Week 1
May 2011, Week 5
May 2011, Week 4
May 2011, Week 3
May 2011, Week 2
May 2011, Week 1
April 2011, Week 5
April 2011, Week 4
April 2011, Week 3
April 2011, Week 2
April 2011, Week 1
March 2011, Week 5
March 2011, Week 4
March 2011, Week 3
March 2011, Week 2
March 2011, Week 1
February 2011, Week 4
February 2011, Week 3
February 2011, Week 2
February 2011, Week 1
January 2011, Week 5
January 2011, Week 4
January 2011, Week 3
January 2011, Week 2
January 2011, Week 1
December 2010, Week 5
December 2010, Week 4
December 2010, Week 3
December 2010, Week 2
December 2010, Week 1
November 2010, Week 5
November 2010, Week 4
November 2010, Week 3
November 2010, Week 2
November 2010, Week 1
October 2010, Week 5
October 2010, Week 4
October 2010, Week 3
October 2010, Week 2
October 2010, Week 1
September 2010, Week 5
September 2010, Week 4
September 2010, Week 3
September 2010, Week 2
September 2010, Week 1
August 2010, Week 5
August 2010, Week 4
August 2010, Week 3
August 2010, Week 2
August 2010, Week 1
July 2010, Week 5
July 2010, Week 4
July 2010, Week 3
July 2010, Week 2
July 2010, Week 1
June 2010, Week 5
June 2010, Week 4
June 2010, Week 3
June 2010, Week 2
June 2010, Week 1
May 2010, Week 5
May 2010, Week 4
May 2010, Week 3
May 2010, Week 2
May 2010, Week 1
April 2010, Week 5
April 2010, Week 4
April 2010, Week 3
April 2010, Week 2
April 2010, Week 1
March 2010, Week 5
March 2010, Week 4
March 2010, Week 3
March 2010, Week 2
March 2010, Week 1
February 2010, Week 4
February 2010, Week 3
February 2010, Week 2
February 2010, Week 1
January 2010, Week 5
January 2010, Week 4
January 2010, Week 3
January 2010, Week 2
January 2010, Week 1
December 2009, Week 5
December 2009, Week 4
December 2009, Week 3
December 2009, Week 2
December 2009, Week 1
November 2009, Week 5
November 2009, Week 4
November 2009, Week 3
November 2009, Week 2
November 2009, Week 1
October 2009, Week 5
October 2009, Week 4
October 2009, Week 3
October 2009, Week 2
October 2009, Week 1
September 2009, Week 5
September 2009, Week 4
September 2009, Week 3
September 2009, Week 2
September 2009, Week 1
August 2009, Week 5
August 2009, Week 4
August 2009, Week 3
August 2009, Week 2
August 2009, Week 1
July 2009, Week 5
July 2009, Week 4
July 2009, Week 3
July 2009, Week 2
July 2009, Week 1
June 2009, Week 5
June 2009, Week 4
June 2009, Week 3
June 2009, Week 2
June 2009, Week 1
May 2009, Week 5
May 2009, Week 4
May 2009, Week 3
May 2009, Week 2
May 2009, Week 1
April 2009, Week 5
April 2009, Week 4
April 2009, Week 3
April 2009, Week 2
April 2009, Week 1
March 2009, Week 5
March 2009, Week 4
March 2009, Week 3
March 2009, Week 2
March 2009, Week 1
February 2009, Week 4
February 2009, Week 3
February 2009, Week 2
February 2009, Week 1
January 2009, Week 5
January 2009, Week 4
January 2009, Week 3
January 2009, Week 2
January 2009, Week 1
December 2008, Week 5
December 2008, Week 4
December 2008, Week 3
December 2008, Week 2
December 2008, Week 1
November 2008, Week 5
November 2008, Week 4
November 2008, Week 3
November 2008, Week 2
November 2008, Week 1
October 2008, Week 5
October 2008, Week 4
October 2008, Week 3
October 2008, Week 2
October 2008, Week 1
September 2008, Week 5
September 2008, Week 4
September 2008, Week 3
September 2008, Week 2
September 2008, Week 1
August 2008, Week 5
August 2008, Week 4
August 2008, Week 3
August 2008, Week 2
August 2008, Week 1
July 2008, Week 5
July 2008, Week 4
July 2008, Week 3
July 2008, Week 2
July 2008, Week 1
June 2008, Week 5
June 2008, Week 4
June 2008, Week 3
June 2008, Week 2
June 2008, Week 1
May 2008, Week 5
May 2008, Week 4
May 2008, Week 3
May 2008, Week 2
May 2008, Week 1
April 2008, Week 5
April 2008, Week 4
April 2008, Week 3
April 2008, Week 2
April 2008, Week 1
March 2008, Week 5
March 2008, Week 4
March 2008, Week 3
March 2008, Week 2
March 2008, Week 1
February 2008, Week 5
February 2008, Week 4
February 2008, Week 3
February 2008, Week 2
February 2008, Week 1
January 2008, Week 5
January 2008, Week 4
January 2008, Week 3
January 2008, Week 2
January 2008, Week 1
December 2007, Week 5
December 2007, Week 4
December 2007, Week 3
December 2007, Week 2
December 2007, Week 1
November 2007, Week 5
November 2007, Week 4
November 2007, Week 3
November 2007, Week 2
November 2007, Week 1
October 2007, Week 5
October 2007, Week 4
October 2007, Week 3
October 2007, Week 2
October 2007, Week 1
September 2007, Week 5
September 2007, Week 4
September 2007, Week 3
September 2007, Week 2
September 2007, Week 1
August 2007, Week 5
August 2007, Week 4
August 2007, Week 3
August 2007, Week 2
August 2007, Week 1
July 2007, Week 5
July 2007, Week 4
July 2007, Week 3
July 2007, Week 2
July 2007, Week 1
June 2007, Week 5
June 2007, Week 4
June 2007, Week 3
June 2007, Week 2
June 2007, Week 1
May 2007, Week 5
May 2007, Week 4
May 2007, Week 3
May 2007, Week 2
May 2007, Week 1
April 2007, Week 5
April 2007, Week 4
April 2007, Week 3
April 2007, Week 2
April 2007, Week 1
March 2007, Week 5
March 2007, Week 4
March 2007, Week 3
March 2007, Week 2
March 2007, Week 1
February 2007, Week 4
February 2007, Week 3
February 2007, Week 2
February 2007, Week 1
January 2007, Week 5
January 2007, Week 4
January 2007, Week 3
January 2007, Week 2
January 2007, Week 1
December 2006, Week 5
December 2006, Week 4
December 2006, Week 3
December 2006, Week 2
December 2006, Week 1
November 2006, Week 5
November 2006, Week 4
November 2006, Week 3
November 2006, Week 2
November 2006, Week 1
October 2006, Week 5
October 2006, Week 4
October 2006, Week 3
October 2006, Week 2
October 2006, Week 1
September 2006, Week 5
September 2006, Week 4
September 2006, Week 3
September 2006, Week 2
September 2006, Week 1
August 2006, Week 5
August 2006, Week 4
August 2006, Week 3
August 2006, Week 2
August 2006, Week 1
July 2006, Week 5
July 2006, Week 4
July 2006, Week 3
July 2006, Week 2
July 2006, Week 1
June 2006, Week 5
June 2006, Week 4
June 2006, Week 3
June 2006, Week 2
June 2006, Week 1
May 2006, Week 5
May 2006, Week 4
May 2006, Week 3
May 2006, Week 2
May 2006, Week 1
April 2006, Week 5
April 2006, Week 4
April 2006, Week 3
April 2006, Week 2
April 2006, Week 1
March 2006, Week 5
March 2006, Week 4
March 2006, Week 3
March 2006, Week 2
March 2006, Week 1
February 2006, Week 4
February 2006, Week 3
February 2006, Week 2
February 2006, Week 1
January 2006, Week 5
January 2006, Week 4
January 2006, Week 3
January 2006, Week 2
January 2006, Week 1
December 2005, Week 5
December 2005, Week 4
December 2005, Week 3
December 2005, Week 2
December 2005, Week 1
November 2005, Week 5
November 2005, Week 4
November 2005, Week 3
November 2005, Week 2
November 2005, Week 1
October 2005, Week 5
October 2005, Week 4
October 2005, Week 3
October 2005, Week 2
October 2005, Week 1
September 2005, Week 5
September 2005, Week 4
September 2005, Week 3
September 2005, Week 2
September 2005, Week 1
August 2005, Week 5
August 2005, Week 4
August 2005, Week 3
August 2005, Week 2
August 2005, Week 1
July 2005, Week 5
July 2005, Week 4
July 2005, Week 3
July 2005, Week 2
July 2005, Week 1
June 2005, Week 5
June 2005, Week 4
June 2005, Week 3
June 2005, Week 2
June 2005, Week 1
May 2005, Week 5
May 2005, Week 4
May 2005, Week 3
May 2005, Week 2
May 2005, Week 1
April 2005, Week 5
April 2005, Week 4
April 2005, Week 3
April 2005, Week 2
April 2005, Week 1
March 2005, Week 5
March 2005, Week 4
March 2005, Week 3
March 2005, Week 2
March 2005, Week 1
February 2005, Week 4
February 2005, Week 3
February 2005, Week 2
February 2005, Week 1
January 2005, Week 5
January 2005, Week 4
January 2005, Week 3
January 2005, Week 2
January 2005, Week 1
December 2004, Week 5
December 2004, Week 4
December 2004, Week 3
December 2004, Week 2
December 2004, Week 1
November 2004, Week 5
November 2004, Week 4
November 2004, Week 3
November 2004, Week 2
November 2004, Week 1
October 2004, Week 5
October 2004, Week 4
October 2004, Week 3
October 2004, Week 2
October 2004, Week 1
September 2004, Week 5
September 2004, Week 4
September 2004, Week 3
September 2004
August 2004
July 2004
June 2004
May 2004
April 2004
March 2004
February 2004
January 2004
December 2003
November 2003
October 2003
September 2003
August 2003
July 2003
June 2003
May 2003
April 2003
March 2003
February 2003
January 2003
December 2002
November 2002
October 2002
September 2002
August 2002
July 2002
June 2002
May 2002
April 2002
March 2002
February 2002
January 2002
December 2001
November 2001
October 2001
September 2001
August 2001
July 2001
June 2001
May 2001
April 2001
March 2001
February 2001
January 2001
December 2000
November 2000
October 2000
September 2000
August 2000
July 2000
June 2000
May 2000
April 2000
March 2000

ATOM RSS1 RSS2



LISTS.UFL.EDU

CataList Email List Search Powered by the LISTSERV Email List Manager