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Re: Destruction of notes and data
Posted by:
Jim Mazerat (IP Logged)
Date: February 17, 2007 02:51PM
I do not consider this to be an argument but a discussion of different opinions, but let’s go past that point.
Your question is a compound question that must be answered separately. The first question being having the knowledge of the legal requirement for each state you work as to the deadline for filing suits and all the conditions that can extend this time. As you know this is called the prescription date and there are many different events that can interrupt prescription. Not saying that can not be done but it is an added task. The second question addresses the transfer of information from one format to another and the destruction of the original formatted material. To this I say there is no justifiable reason or purpose to keep this original material. The next is the material is not destroyed. It is a common practice in business to convert files from one media to another for the purpose of retention, this is no different.
John already answered the question, but I will ask you do you save every draft of a report so they all can be examined by the other side. If not, what is the difference in not keeping this documentation as compared to original notes, etc.
Maybe I do not see it but what is the purpose you want these notes and other items kept. If I take your suggestion, if I do not know the file is in litigation I can destroy my files one year after the date of the incident.
So the answer to your original question is there is no valid reason to keep this information in more than one format. I would be happy to revisit my opinion if there is a legitimate reason to do so.