Issue link: https://epubs.iltanet.org/i/68817
www.iltanet.org Consider creating an automated disclaimer with reminders. on the dissemination of or access to certain information in a brief or other document. Similarly, a protective order or an agreement between the parties in a matter might limit the permissible access to or use of information in attorneys' work. Other requirements could also apply to documents in a KM collection. • Documents could be from matters subject to confidentiality walls. • Clients might direct that access to certain materials from a matter be limited to specified firm personnel. • A document might be subject to destruction by court order or the parties' agreement. For example, a motion might incorporate factual information produced in discovery that is to be destroyed or returned at the end of a matter pursuant to order or agreement. When setting up a KM collection, firms should identify the categories of material that they will not allow into the collection because of potential risk and compliance issues. Once those categories are established, firms can put into place processes to prevent excluded materials from being added to the collection. Manage Potential Risks Through Planning and Processes Proper management of a KM collection can minimize the risks of inappropriate access to or use of materials in the collection. A firm setting up a brief bank or other knowledge management collection might consider the following steps as it creates the collection: 1. Associate documents in the KM collection with the proper client/matter number or other unique identifier. Documents in a KM collection should remain associated with their original client/matter number. That association allows the firm to implement restrictions specific to a particular matter within the collection. For example, materials subject to a confidentiality wall can be identified and excluded or technical controls can be used to appropriately restrict access. Associating documents with the appropriate identifier similarly allows the firm to identify documents relevant to a particular matter if it becomes necessary to collect documents from that matter for destruction pursuant to court order. 2. Develop a process for identifying sensitive materials and for deciding whether such materials will be included in a firmwide KM collection. Firms should consider whether to include certain categories of information in their firmwide KM collections, such as: 26 ILTA White Paper