Jim,
1. “What if I take my notes on a digital recorder them transfer this information to another media for the purpose of retention. How do I retain that original information?”
Answer: I can’t believe that you do not know, or cannot find out, how to preserve a digital audio recording.
2. “How is the investigator to know when the investigation is closed?”
Answer: Ask the client.
3. “Was it OK to destroy the field notes when they said to close the investigation?”
Answer: I may have been OK to destroy the notes if the client says so. But if the case is not concluded it may be unwise.
4. “Without knowing there is an investigation how long should I keep the notes?”
Answer: At Kennedy and Associates we keep all files forever. I understand that this may be too expensive for some groups, though we did have a case which reopened and went to trial after 30 years. On that occasion the file was still in existence, including photos and even physical evidence. Realizing that 30 years is a rare occasion, but the “proof was in the pudding.” In all cases reasonableness must be the deciding factor. I don’t believe that anyone could reasonably argue that you must keep files for 30 years, but two or three years is not unreasonable.
5. “How do I know a third party, not my client, may file a suit against me?”
Answer: Great question which answers itself. You don’t know, so keep the files.
Pat Kennedy, CFEI, CFPS, MIFireE
Fire and Explosion Analyst
Sarasota, Florida
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www.kennedy-fire.com]