Legal Record Retention: What to Keep, Destroy & Lock-Up
Record retention - and destruction - can be an absolute nightmare without a well thought out and structured plan that's strictly followed.
Particularly in a law firm environment where a records retention policy must apply to both physical and electronic client material.
Failing to meet legal requirements of record retention can be dire and lead to major consequences, including loss of rights (e.g., unable to prove a debt is owed); obstruction of justice (e.g., Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1519); contempt of court (e.g., disobeying a court order to produce records (“Subpoena Duces Tecum”); and/or an adverse inference in litigation (“spoliation”).
Join us for a 75-minute workshop and discover:
- How to draft and implement an effective records retention policy
- No-nonsense techniques for a strong records retention program
- The when, what and how of record-destruction
- Risks involved with over saving and under saving information
Formulating and Developing a Records Retention Policy
- Identifying what qualifies as a “record”
- Sample record categories - based on typical client files
- Categorizing records for retention and destruction
- Implementing relevant and realistic retention timeframes
Navigating Client Interfaces
- Obtaining client consent to your retention policies
- Drafting file-close letters
- Determining file ownership – the client or the law firm
- Returning files to clients: when and how
- Appreciating the dangers of retaining everything “forever”
- Adhering to retention timeframes
- Following relevant document destruction laws
- Employing best document destruction practices
Live Question & Answer Session - Have your questions answered by the expert!
About the Speaker
Max Muller has more than 39 years of business experience as an attorney, businessman and professional trainer.
- In 1990, drawing on his diverse background, he began a consulting practice focusing on providing practical solutions in the areas of workplace legalities, e.g., equal employment opportunity, sexual harassment, FMLA, ADA, COBRA, FLSA, ADEA, etc.; safety and health regulatory compliance (OSHA); facilities management; and, warehousing/ inventory control.
- He authored several books like "The Manager's Guide to HR: Hiring, Firing, Performance Evaluations, Documentation, Benefits, and Everything Else You Need to Know, Second Edition" AMACOM Books and SHRM, New York City, August 2013.
- He has presented more than 3,000 seminars, webinars and pod-casts all over the world attended or listened to by more than 100,000 people.
This informative 75-minute webinar dives into drafting and implementing an effective, compliant record retention policy that keeps you out of legal hot water.