When executed properly a Document Retention Policy can provide protection from litigation sanctions. In the legal realm, having a reasonable, consistent and defensible document retention policy, in conjunction with a proper litigation hold procedure can help avoid spoliation claims from opposing parties. Spoliation can lead to sanctions or even adverse judgment in a case. (See Victor Stanley, Inc. v. Creative Pipe, Inc., 269 F.R.D. 497 (D. Md. 2010) for example).
A document retention policy must be:
• Disseminated and,
Of course, a legal hold process needs to exist for document retention suspension for specific litigation. While most document retention policies have similarities; it is important for each company or firm to have one customized to address its own data creation, storage and industry requirements.
Look for Document Retention Policy Goals in The Importance of Protecting Firms and Clients with a Properly Executed Document Retention Policy – Part 2. If you would like more information about eDiscovery or how TERIS solutions can assist you, please contact us!