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The Importance of Document Retention during Litigation


It has become mandatory for companies to have a comprehensive document retention policy. The Federal rules “e-discovery” took effect from Dec. 1, 2006 and it makes production of electronic documents as important as hard copies of material in any legal case. These rules on electronic discovery have clearly stated and confirmed that having a comprehensive document retention policy is more important than ever before. So what is to be done? All firms have to create and maintain a record retention policy.

During the litigation process it becomes even more important to retain all electronic documents. Normally companies have thirty days time to answer any e-discovery request from the court. Employers cannot hide and will be penalized for not following the policy especially when there is some litigation in anticipation. The policy can be put in place by the following process,

  • Applicable State/ Federal recordkeeping laws should be followed
  • Be strict with employees who violate the law
  • Necessary business records must be created

It is advisable to keep the map of all the emails and be able to retrieve it with ease if and when required. Having a good e-discovery tool along with a well trained staff is essential for compliance. E-discovery outsourcing is an attractive option available to law firms and corporate. Managed Outsource Solutions is a US based company offering professional outsourced solutions in litigation support services, besides legal document preparation, legal transcription, legal research and legal coding services tyo clients in the US, Canada the UK and Australia.

About Rajeev R

Rajeev R

Manages the day-to-day operations of MOS from NY. With an interest in information technology, Rajeev has guided MOS to extensive use of digital technology and the internet that benefits MOS as well as MOS clients.