Evidence

Experts Explain: How to Help Company Records Custodians Help You

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Lawyers seeking documents from corporate records custodians will find that time spent explaining their requests pays dividends.

Although the litigation process may seem clear to the attorneys involved, it can be an unusual, confusing and frightening experience for the company employees asked to provide documents in discovery, two experts point out in an article in the Corporate Counselor. In particular, records custodians may feel they are being personally attacked in the case, and a little explanation can go a long way toward resolving their concerns.

Among the suggestions the authors offer in a lengthy article that details 10 issues lawyers should address when seeking documents:

Explain exactly what is needed, where custodians should look for documents and the format in which they are sought. Check with in-house counsel to make sure authorizations are clear for all concerned and everyone is on the same page before seeking documents from orporate employees. And make sure any nondisclosure agreements that may apply are taken into account before the records collection process begins.

Read the full article.

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