Why should an organization have a legally-defensible retention schedule? Records have long served as a primary source of evidence - both to demonstrate objectively what transpired, but also to show improper activity. In the last 20 years, as the courts relaxed the rules of discovery, parties have subpoenaed records from their opponents in litigation to contradict evidence presented by the opponent or to show "wrong doing." Courts appreciate the opportunity to review all documentary evidence to uncover the truth and ensure that justice is properly rendered.
When documents potentially relevant to litigation disappear or are destroyed without explanation or under suspicious circumstances, courts become suspicious that such destruction was designed to cover up improper activity and prevent the court from determining the truth. A properly designed and implemented retention program ensures that records are only destroyed as part of systematic program, in compliance with the law, and precludes any other conclusions or inferences. Appellate court decisions confirm that records can be legally destroyed in the regular course of business under an approved records retention program.
