Drafting a Document Retention Policy

by Jonathan M. Redgrave and Amanda Moeller, Redgrave LLP, with Practical Law Litigation

A Practice Note explaining the key issues to consider when drafting a document retention policy (DRP), also known as a records and information management policy. This Note outlines the objectives of a DRP, including safeguarding company records and reducing litigation risks. It emphasizes understanding the company's industry, structure, and technological environment to tailor the DRP effectively. This Note highlights the importance of defining key terms such as records, disposable information, and legal holds, ensuring employees manage information appropriately. It discusses the role of records retention schedules in guiding employees on retention periods, influenced by legal and business factors. The Note addresses legal holds, which suspend normal destruction practices during litigation or investigations, and underscores the significance of clear communication to prevent accidental destruction. Furthermore, it explores frameworks from The Sedona Conference and ARMA International, advocating for customized, realistic policies that integrate with company objectives. This Note stresses compliance, documentation, and employee education as vital components for effective implementation, ensuring that policies remain dynamic and responsive to changes in business practices and legal requirements.