Vol. 18, No. 3 - 22. Paperless? Hah! Less Paper - Absolutely.

• Author: by Heather Holland

Utah Bar Journal

Volume 18.

Vol. 18, No. 3 - 22.

Paperless? Hah! Less Paper - Absolutely

Paperless? Hah! Less Paper - Absolutelyby Heather HollandIf you have not considered records management as part of your business or firm plan, it can be time consuming and if done in-house it can be overwhelming, however it is absolutely necessary. Good recordkeeping and a good recordkeeping system are essential components and healthy for every business: ensuring compliance with state and federal employment laws, it can also play a defining role in litigation, arbitration or mediation or when the auditor comes knocking at your door. (See Arias v. United States Service Industries, Inc., D.C. CA, No. 95-7158, 1996.)

EASED - Evaluate, Annually, Systemize, Everyone, Destroy. This has become my mantra and every year I chant it louder and louder. This article should provide you with some basic concepts for records management and questions to ask yourself when getting started.

The very first question is: Do you want to do this in-house with your own employees or do you want to hire a records management facility? Considerations include company or firm size, amount of data, personal preference, and cost. Whatever the outcome, there are several essential concepts to consider in evaluating the first question:

Evaluate Your Records

Records management consists of managing records made up of data in a variety of forms, including the following: client information sheets, trial notebooks, contracts, invoices, checks, pay stubs, legal research, e-mail, microfiche, cds, magnetic database tapes, video, audio tapes and on and on. While the initial evaluation can be time-consuming, it is well worth the reward of knowing what you have.

Companies must look to federal and state law and in some cases municipal statutes. Additionally, there may be industry-specific (Sarbanes Oxley, HIPPA, OSHA, MSHA, FMLA, FLSA, etc.) considerations as to the types of records necessary to keep. If you have a large amount of data such as 5000 records storage boxes or banker boxes, you might want to consider a records management facility which can organize, manage, house and destroy for you. Depending on the type of box you utilize this can amount to approximately 6000+ cubic feet of storage, which can cost anywhere from $600.00 to $1000.00 a month in a storage facility. If you...