Welcome to the Research Assistant Weekly Newsletter - a subscriber-only resource for insight into emerging compliance challenges, details on peer calls, and links to new Research Assistant reports, documents, tools, and more.
|
Sponsored by TCN
|
This week during our weekly Research Assistant Peer call, we delved into which sensitive internal discussions should be documented and which should be kept verbal. Many attendees shared their thoughts on this nuanced issue.
While it may seem reasonable to document every topic and discussion—whether through email chains, notes, or meeting minutes—there are some things to consider. Not every brainstorming session should be documented. In an audit, written records can become discoverable, and some discussions might be better suited for verbal communication. A practical compromise might be to document the final decision without recording every detail of the conversation. This approach helps avoid situations where fleeting ideas, later deemed irrelevant, are scrutinized.
Several members highlighted the challenges encountered during litigation, where they were compelled to turn over years of emails during the discovery process. In one instance, over 50,000 emails were flagged due to the broad search criteria, significantly inflating the cost of discovery.
The definition of a ‘document’ for discovery purposes is quite broad, encompassing any record of information. This includes not only traditional documents and emails but also texts. Text messages, though a relatively new medium in debt collection communication, are discoverable if they are relevant to the case. Additionally, verbal communications captured through call recordings are also frequently requested in discovery.
It is crucial to manage electronic information with honesty and care. Poor practices in storing electronically stored information can lead to court sanctions if the data is lost or mishandled.
Developing a clear plan and policy for documentation and ensuring adherence to it is essential. Staff should understand that, at times, it is more efficient to have a face-to-face conversation rather than engaging in lengthy email chains. While some individuals feel the need to document everything to avoid repetitive discussions or confusion about results, it is important to strike a balance. Deciding what should be written and what should be verbal requires careful consideration, always bearing in mind that anything in written form is discoverable.
By thoughtfully navigating the complexities of documentation, we can better manage our internal communications and protect sensitive information.
Top Reads:
Upcoming Webinars/ Other Announcements:
|