Cost containment: through a robust RIM program.

• Author: Dunn, Maura
• Position: Records and information management

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The December 2006 amendments to the U.S. Federal Rules of Civil Procedure (FRCP) codified parties' obligations regarding the identification, preservation, and production of electronic information in response to a discovery request. This activity, colloquially known as "e-discovery," has proven to be one of the biggest, most expensive phenomena in the recent history of litigation.

The FRCP changes reflect the reality that business runs on information--particularly electronic information. The concept of providing reliable business records that were created in the normal course of business and provide evidence of an organization's activities related to a dispute is not a new one. However, the advent of easily accessible and widespread information technology and the resulting explosion in the volume and type of electronic information it creates require new responses from organizations.

RIM, Legal--A Vital Relationship

Now, more than ever, a organization's records and information management (RIM) program can affect its ability to respond to discovery requests. Corporate counsel depend on accurate, timely, and easily retrieved information to prevail in court. An organization's failure to respond--or its inadequate response--results in fines, sanctions, and lost judgments, as shown by several recent cases. (See sidebar.)

Without a stalwart RIM program, an organization may spend millions of dollars trying to respond--or be forced into a settlement regardless of the merits of the case. This makes a strong relationship between RIM and corporate counsel vital.

Shared Goals

By the very nature of their responsibilities, records managers and corporate counsel share many goals and seek to fulfill some of the same needs:

* Quick Access and Efficient and Effective Searching--A business's ability to be competitive within its market is highly dependent on being able to quickly access the information that is needed to carry out core business functions, make sound business decisions, and provide prompt and efficient customer service.

In litigation, the need for quick access to records and information is even more important. The organization is under a legal obligation to identify and preserve records that are relevant to the litigation, and it generally has a short timeframe in which to take these actions. Attorneys generally have 30 days to respond to discovery requests.

Therefore, the ability to quickly access the organization's information sources for relevant records is needed to effectively respond to discovery requests, prepare legal strategies and defenses, and identify the specific steps necessary to produce records to the opposition. Waiting until a request is received to start understanding where and how information is stored puts an organization at a distinct disadvantage.

* Documentation of Proactive Destruction--The courts acknowledge that organizations have legitimate reasons to destroy records when the records no longer have value for either business or legal/regulatory purposes. They do, however, want to ensure that the appropriate destruction of records and information does not interfere with the availability of records relevant to particular litigation. Therefore, records management programs establish a records retention and disposition schedule, or a retention schedule, to identify the organization's records and define set timeframes in which the...