1. Records Management and Litigation
Presented to:
ARMA – Dallas Chapter
December 11, 2018
816 Congress Avenue
Suite 1900
Austin, Texas 78701
(512)
(512) Fax
Presented by:
Stefanie Albright

2. Records Management and Litigation: Providing Support Before, During, and After Litigation

3. Before Litigation What is anticipation of litigation?
Starting to timely organize documentation
Coordination with Legal Counsel/Clients
Scanned versus hard copies
Organization: electronically and hard copies
Folders/Binders/Red Ropes

4. Communication Before Litigation
Know the basics of the case
Know the people involved
Inform the legal team of who in records will be handling documents
Calendar deadlines
Discussion of timing and scope of potential document production

5. Prepping Files for Litigation
Make sure records personnel have documents available to them
Designate who is to receive documents
Reminder: electronic records are documents

6. During Litigation Environmental Quality versus Env. Qual.
Make documents easy to find
Naming conventions are important:
Environmental Quality versus Env. Qual.
Disc. versus Discovery
PIA/ORR/OAG

7. During Litigation Consistent designation of documents
As you save, include key words
Develop a team organization schedule

8. Chain of Custody Within and outside your organization
Educating records staff on ensuring chain of custody for litigation purposes
Procedures for taking/checking out/replacing documents relevant to litigation
Designating who is allowed to change documents
Procedures may change before/during/after litigation process

9. After Litigation Know your records retention schedule
Team communication prior to closing out documents
Develop a close out procedure
Know deadlines for appeal
Mark permanent documents
Discuss retention preferences

10. Destruction of Documents
A local government record whose retention period has expired may not be destroyed if any litigation, claim, negotiation, audit, public information request, administrative review, or other action involving the record is initiated; its destruction shall not occur until the completion of the action and the resolution of all issues that arise from it.

11. Destruction Pros and Cons
Keep consistent schedule for retention of documents
Potentially less onerous discovery/PIA requests
Less time spent scanning/converting older documents
Less need to keep up with technology
CONS
Concerns about spoliation if litigation anticipated
Loss of favorable documents
Historical narrative
Consistent application of destruction procedures
Technology difficulties

12. Before You Destroy…
Ensure communication between legal teams and records management
Communicate with consultants to ensure same schedule
Review schedules and documents to make sure permanent documents all identified
Make sure they’re your documents

13. Tips for Supporting the Legal Team
Communication is key between records management and the legal team AND within the records team
Learn the language
Create consistent designation and organization

14. Stefanie Albright 816 Congress Avenue Suite 1900 Austin, Texas (512) (512) Fax