Records retention focuses on determining which data to keep and which to delete. It assists legal teams with reducing overall risk and staying compliant. The overall goal is to help teams with consistency so they're defensible in court, especially when managing legal holds and maintaining defensible legal compliance.

It's a common misconception that organizations struggle to keep data. The issue is actually more complex. They struggle to decide which data to keep and for how long.

Records retention sounds simple on the surface. Teams set policies and create timelines they can actually adhere to. They then delete what they no longer need, keeping only what's required.

In reality, this is rarely what happens. Data is stored across multiple systems. This means employees inconsistently make decisions to save data. They have policies in place, but don't often enforce them. As litigation approaches, things suddenly change.

What Records Retention Actually Means in Practice

Records retention programs determine how long a legal team should keep data. Some records include, but aren't limited to:

• Emails
• Word Documents
• Slack Messages
• Teams Messages
• Contracts

Teams need to understand that each category has its own retention. This might include:

• Legal requirements
• Business needs
• Regulatory obligations

In modern organizations with sprawling tech stacks, data isn't hosted in a single location. Communications are spread across Outlook, Zoom, and Slack. Documents are spread across Google Drive, SharePoint Folders, and task management systems. With all these data siloes its common for retention policies to be inconsistent across the tech stack, pulling legal and IT teams at risk.

What Is a Common Mistake in Records Retention?

One of the biggest mistakes is over-retention.

For example, if an organization keeps documents longer than necessary, large volumes of data can make eDiscovery more complex. Teams tend to keep data because they're nervous about deleting it or because policies don't require deleting unnecessary data.

Sometimes, the opposite issue occurs. Data that should be saved is deleted early on, making it difficult or impossible to recover. Because of this, employees need to understand retention requirements and why they're important.

What is eDiscovery and Retention?

As a team prepares for litigation, it must preserve all relevant data for eDiscovery. This is where legal holds come into play.

Legal holds take precedence over standard retention rules, but only for specific data and custodians. It prevents relevant information from being deleted. eDiscovery legal software can help teams apply legal holds seamlessly. Without these provisions in place, the entire process becomes unnecessarily complex.

What a Defensible Retention Program Looks Like

Defensible retention programs begin with clarity. This means that team members should have access to specific, understandable language for each policy.

This should also align with legal requirements. When rules are vague or overly complex, it can be harder for team members to follow and even more difficult to enforce. This is why consistency is the most important thing.

Retention rules should be the same across systems. In many cases, legal teams must work with IT departments to ensure this type of consistency.

Automated deletion can reduce data volume, but only if safeguards are in place to prevent important documents from being accidentally deleted. It's also important for teams to regularly review these rules and update policies as regulations evolve, often supported by eDiscovery software solutions and a strong compliance program in eDiscovery workflows.

The Risk of Over-Retention and Under-Retention

Over-retention can be more expensive and more complex for teams to handle, especially with larger data sets. Team members must spend more time and resources during the review process. As a result, there may be irrelevant information or sensitive data included in discovery, including improperly handled redacted file content.

Under-retention comes with its own set of risks. For example, when a team deletes relevant data too early, there might be spoliation issues. This can quickly cause courts to question whether an organization appropriately managed its data.

The goal for legal teams is to strike a balance with their retention program.

Frequently Asked Questions

How Do Legal Holds Affect Retention Policies?

Legal holds can temporarily override a retention policy, especially for specific data. After holds are in place, all relevant information must be preserved.

This is common information that would previously have been deleted. Because of this, legal teams must coordinate with IT teams to prevent accidental deletion of any critical information.

What Happens If Data Is Deleted Too Early?

Serious legal issues can arise when data is deleted instead of preserved; courts may consider this spoliation. Spoliation occurs when evidence is destroyed due to negligence, withholding, fabrication, or other misconduct.

Because of this, organizations must have strict retention policies in place and adhere to them.

Is It Better to Keep More Data Just in Case?

Not necessarily. In reality, this can increase costs and make cases more complex.

Due to excessive data, there is an increased risk for legal teams and their clients. Large datasets take longer to review, which is why balanced approaches to managing data are more effective in the long run.

Building a Defensible Records Retention Strategy

Records retention is more than managing data. It focuses on risk management and relies on compliance. Because of this, it can reduce costs and help prevent legal teams from saving unnecessary documents or deleting important ones.

Logikcull makes records retention easier by offering legal and IT teams a clean way of preserving their data, all in one convenient location. Teams can review data without guesswork, offering a consistent, defensible approach that supports legal holds. If you're ready to simplify retention, schedule a demo today.