What Can A Good Records Retention Policy Do For Your Business?

Commercial Litigation In Coachella Valley

There has been a rash of articles written lately on litigation holds and new court rules mandating the retention of records after a dispute. While the arguments expressed in these articles raise valid points, they don’t cover the most crucial reason for keeping litigation records on file. A good records retention policy is mainly needed because presenting a future litigation in the courtroom without proof is a waste of time!

Many of you probably remember the movie, A Few Good Men. In one court scene, the defense lawyers are talking among themselves about whether to call Colonel Jessup (Jack Nicholson) to the stand based on Commander Galloway’s (Demi Moore’s) assumption that he ordered the illegal act. Lieutenant Caffey (Tom Cruise) animatedly responds: “…of course you have proof of that… it doesn’t matter what I believe, it only matters what I can prove.”

This one scene sums up the overall nature of court cases. When cases are finally heard inside of a courtroom, there are often two different perspectives. The first is the actual facts given by each witness who was personally involved with a dispute. The second is the account the judge or jury listens to, based on solid evidence presented by the two parties. This second perspective can be very different than the first, since it typically influences the outcome of a case.

A Coachella Valley commercial litigation attorney can take into consideration what records would be needed to prove a case should a legal issue develop. Nothing could be worse for a client than to have their lawyer fail to win a claim because the evidence has been lost or destroyed. The Coachella Valley commercial litigation law firm ensures its clients that they will retain the required records needed for a future litigation when the time comes. A Coachella Valley corporate attorney will first review the daily routine of the work or transaction their client participates in and how they conduct their operations (i.e. digitally, orally or on paper). Because each client’s circumstances present different challenges, the records retention policy should be ideally tailored to their case.