I'll have to disagree with my esteemed colleague on this one. while a
plaintiff's attorney may see such a statement as being the indication of
gold strike, I would prefer to see some police/procedure clearly stated.
yes it could be part of the a disaster/business continuity, but who's to
say that an employee didn't inadvertently shred some records that shouldn't
or that an external drive hadn't been backed before it got run over by a
truck? Accidents happen.

IIRC back in the stone ages at least one federal agency had a requirement
that if records were destroyed before the anticipated destruction you had
to document the what happened, the remedial actions take to prevent such an
event from happening in the future AND you had to report it all to the

One learns from their mistakes

On Fri, Sep 14, 2012 at 2:46 PM, Larry Medina <[log in to unmask]>wrote:

> Ok, so I'M NOT... but if I WERE an attorney and I was trying a case against
> a firm that had 'inadvertently' destroyed records and I found something
> documented in their policies/procedures on how to handle records destroyed
> that shouldn't have been???   Well, I think my work here would be
> completed...

Peter Kurilecz CRM CA
[log in to unmask]
Richmond, Va
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