P2P

Spring2021

Peer to Peer: ILTA's Quarterly Magazine

Issue link: https://epubs.iltanet.org/i/1356436

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I L T A W H I T E P A P E R | I N F O R M A T I O N G O V E R N A N C E 63 policies regarding security, confidentiality and data protection. And even as some offices reopen, many firms are starting to formally adopt more digital processes on a more permanent basis, implementing new applications that enable paperless workflows and phasing out paper wherever possible. However, even as firms adopt information governance policies limiting the use of paper, of-ten they are still unaware of just how much paper resides across all offices, storage facilities and remote home office environments. Ideally, a modern RM system should be able to provide a dashboard with trend reports indicating just how much paper is still in use across the firm and benchmark how much progress has been made in destroying physical records. One example is what happens when a new lateral hire joins the firm, bringing along client files as well as new business. This could easily encompass thousands of boxes that then need to be managed and stored by the hiring firm. If the firm's physical footprint is being closely monitored — and if you have a modern IG system in place — the issue can be identified and dealt with quickly. For example, an incoming client file transfer could trigger a work-flow for reviewing and deciding which files to scan and keep and which files to reject and/or destroy. The Two-Pronged Approach Many firms today are taking a two-pronged approach — addressing disposition of physical records in parallel with disposition of electronic files. In many cases, once they've established a successful disposition of physical records, they're able to apply similar processes and lessons learned to the disposition of aging files stored in their document management systems. A law firm DMS could easily have 8-10 million electronic files or more, with an additional 12 million files stored in file shares — including terabytes of data that has been kept for too long. The challenge then for many firms is how to deep-six the aging files that should be archived to reduce electronic storage costs as well as the security and liability risks of keeping files readily accessible. Files that are archived electronically become less accessible but will be there if needed in the future. With an advanced IG system, you can automate many aspects of the information life cycle — for example, keeping a file "active" for two years after a matter closes, then sending it to ar-chival storage and then scheduling the file for disposition after a period of time specified in the firm's IG policies. Another advantage of taking a two-pronged approach is that you can try to review all records — physical and electronic — associated with a particular client and/or matter, with the contextual information readily available to help reviewers assess which records need to be kept versus which records should be destroyed. Toward a More Agile Future As law firms continue to adapt to more agile ways of working, information governance and records management professionals have an unprecedented opportunity to make permanent changes for the better. No digital transformation initiative is complete without dealing with the question of how to manage physical records. By confronting this albatross head on — and reducing the real business costs and risks of allowing both physical and electronic records to continue to accumulate unchecked — IG leaders can help their firms operate more efficiently and sustainably, adapt more quickly to future disruptions, and position themselves to soar freely to new heights in a rapidly changing world. ILTA Darrell Mervau is a co-founder and president of FileTrail Inc., a global leader in information governance and records management. Mervau can be reached via email at dmervau@filetrail.com.

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