Top 12 Objections to Scanning and Destroying Paper. Presented by John Gilbert

Transcription

1 Top 12 Objections to Scanning and Destroying Paper Presented by John Gilbert BOLD Bite 4/3/2017 1:20 PM - 1:39 PM The handouts and presentations attached are copyright and trademark protected and provided for individual use only.

2 Scan and Shred: Objections and Answers John Gilbert, nqueue April 3, 2017 Question 1 Can scanning and shredding satisfy ethical and client services requirements? 1

3 Answer 1. No. You must always keep 3 copies, including carbon and typewriter ribbon. 2. Why scan and shred, everyone loves paper the more stacks the better! 3. After digitizing paper documents, a lawyer may destroy copies of paper documents Follow up After digitizing paper documents, a lawyer may destroy copies of paper documents obtained from the client unless the lawyer has reason to know that the client wants the lawyer to retain them. A lawyer has the discretion to decide whether to maintain the balance of the file solely as electronic images and destroy the paper documents. State Bar of Arizona (Opinion 07-02) 2

4 Question 2 A lawyer must preserve some paper documents, approximately what percent needs to be kept? Answer %, and duplicate copies of a essential documents. 2. Only the documents printed on green paper. 3. Approximately 25%. 3

5 Follow Up Preserve - Intrinsically valuable Preserve - Original not otherwise filed Shred: Client docs delivered as copies Preserve - Legal Obligation to preserve Preserve - Electronic version fails to protect client's interests Shred: Printed copies of electronic docs Shred: Notes, Memos, Markups Question 3 Who decides what papers to keep? How does the practice control the time and effort to manage a scan and shred program? 4

6 Answer 1. Assign someone in the mail room to shred whatever they feel needs to be shredded. 2. Never shred anything, paper is good! 3. The attorneys and the firm set the policies. Follow up Lawyers set policies and resolve issues; delegate detailed work. Consider a QA step. Balance effort with benefits to scanned documents: Reduced handling and risk of disorder Quick and shared access Managing space costs 5

7 Question 4 Doesn t litigation require the ability to produce paper documents? Answer 1. Yes you must always have paper, and some extra paper to spare. 2. Print 2 copies to be safe, you can never have too much paper. 3. A significant portion, if not the majority of document production now electronic. 6

8 Follow up Copies used for substantially all production of paper documents Chain of custody, supported by audit logs, critical for paper documents and their copies Question 5 If the lawyer or her assistant doesn t do the scanning, how will the lawyer s files stay organized? 7

9 Answer 1. They won t, files don t need to be organized anyway. 2. The scanning fairy will come in after the cleaning crew and will scan all your documents. 3. You should delegate the scanning to someone properly trained in your firms processes and procedures. Follow up Delegating scanning Most scanning should be performed by assistants Employ best practices for filing and naming utilizing: Correct matter number for all filing Full descriptive names Leverage technology designed to assist 8

10 Question 6 What if there are errors in the scanning or storage process? How can those risks be managed and minimized? Answer 1. They can t be, you will have to live with it. Get used to disappointment. 2. Don t scan and you won t ever have an error. 3. Implement a QA program. 9

11 Follow up What if there are errors? Include a QA program that includes: Confirmation of number of pages scanned List of recently scanned documents Scanning protects against paper filing system stresses and errors Misfiled documents Damage to originals Immediate shared access Question 7 Doesn t it make more sense to scan and return the originals to the client rather than shred them? 10

12 Answer 1. No shred everything just don t get your tie stuck in the shredder. 2. Ship all paper back to the client whether or not they want it they will love you for this. 3. Establish expectations with your client at the outset. Follow up Shred or return? Only shred copies, not original documents. Prompt return of originals after scanning avoids extra effort later. 11

13 Question 8 If a representation ends, can a lawyer s responsibility to return files be satisfied with scanned documents? Answer 1. No you are in trouble if you don t have paper, quick throw anything in a box and send it to them. 2. No never scan and you wont have that problem 3. Unless a physical original is required (items 1 and 2), a scanned copy should meet the responsibility to return files. 12

14 Question 9 To study a file thoroughly, some lawyers still want to read it on paper. Will printing scanned documents waste paper and money? Answer 1. Yes. The only solution is to remove all printers from the firm. 2. Who needs to study a file that closely? 3. Printing only select scanned documents for review and mark-up still reduces paper. 13

15 vs. vs. 14

16 Question 10 Isn t paper more secure? It seems a new data breach is front-page news every day. Answer 1. Just blame the Russians for everything. 2. What data breach? 3. Paper can get misplaced, misfiled, lost or stolen with no recourse. Bonus to scanning, disaster recovery is facilitated by electronic storage. 15

17 Photo Credit Timothy Krause 2012 Question 11 I know exactly where my paper documents are. Having to find them on our network will just waste time. 16

18 Answer 1. Don t scan, just keep everything on your desk so you can find it. 2. Be productive when you waste time, check out this site: 3. Paper cannot be accessed offsite or by multiple people at the same time. Automatic filing to document management systems, or DMS s, eases access. Question 12 Change is uncomfortable. Why should I change? 17

19 Answer 1. Wedgies are also uncomfortable but so what, get over it. 2. Don t change, I like you just the way you are, the 70 s is a good look on you. 3. We live in a world of change, lawyers need to keep up with their clients and protect against risks. Questions? John Gilbert Senior Vice President, nqueue jgilbert@nqueue.com mobile direct 18

20 Your opinion matters! Please take a moment now to evaluate this session.