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Records Management: Companies ill-prepared for eDiscovery challenges
Changes to the Federal Rules of Civil Procedure (FRCP) in 2006 made it easier for courts and litigating parties to manage electronic records. The new rules detail how how companies of all size need to electronically store information that may be relevant to litigation. It describes the discovery procedure and the ability for courts to resort ot sanction when electronic data is lost or destroyed.
A new report shows that after two years of the tougher FRCP laws around eDiscovery and records managment that many companies aren’t ready. The report asks attorneys representing companies whether or not they felt that would be able to respond well to an eDiscovery request. 39 percent of in-house attorneys responded that their company was not prepared. 59 percent of attorneys from law firms thought that their clients were not prepared.
82 percent of the attorneys say that it is critical for their clients to have a records management program in place. But 42 percent of companies have not implemented any sort of eDiscovery mechanism. Although, of those, 63 percent said that they hope to begin putting a system in place over the next six to 12 months.
