Inside counsel probably spend very little time thinking about where e-mails and documents are saved, how many have accumulated over time or whether they really need to keep them or not. When employees leave the company, their e-mail accounts and files may be marked inactive, but their e-mails and data still remain stored somewhere and are forgottent. That’s IT’s job (and problem), right?
However, if the corporation gets hit with a lawsuit, guess what? Poor data management unwittingly becomes the legal department’s problem. All the existing electronic files, including those residing on backup tapes in that off-site storage facility that contains the only existing copy of critical evidence, may become discoverable.