When it comes to email, many business owners are unsure how long to retain messages. Some save everything, fearing potential legal repercussions, while others delete emails regularly to maintain server space and reduce risk. So, what’s the right approach?
According to experts like Donald Skupsky, president of Information Requirements Clearinghouse, and attorney Charles Fine, a well-defined email retention policy is crucial. Here are key considerations for owners and managers:
**1. Save Important Records, Not Just Emails**
Not every email constitutes a record. Focus on saving records of business transactions, contracts, and legally binding agreements. If a contract is received as an email attachment with an acceptance statement in the email body, save both the contract and the email. Essentially, if you would keep it as a paper document, retain the email. Discard emails related to work-in-progress or individual thoughts that don’t reflect official organizational decisions. Important records should be stored formally in a secure location, not just left in an email program.
**2. Know When to Keep More**
Specific situations demand increased caution. If you are involved in a legal process, do not delete any relevant emails. Even if not currently in litigation, consider the possibility of imminent or foreseeable legal action. For example, if an indictment is likely, or if an incident occurs that could lead to a lawsuit, consult with a lawyer before deleting any emails.
While the securities industry is often required to retain all emails, most other businesses have more flexibility.
**3. Avoid Keeping Everything**
While accumulating emails may not immediately cause harm (aside from server space), potential risks exist. Imagine a scenario where a disgruntled former employee sues your company. Even if the lawsuit is without merit, a subpoena could force you to produce all emails from the past three years. The cost of reviewing these emails, even if they are ultimately irrelevant, can be substantial. Moreover, old emails might contain intemperate remarks that could be damaging in court.
**4. Develop a Clear Email Retention Policy**
A well-defined email retention policy is essential. Skupsky suggests a 30-day retention policy, where employees decide whether an email constitutes a record within 30 days of receipt. If not, it should be deleted. This encourages employees to consciously evaluate the importance of each email. Attorney Chuck Fine advocates for immediate deletion of emails.
**Additional Tips**
* Avoid backing up emails, as this simply duplicates the risk of discovery during litigation.
* Old emails are rarely beneficial to the opposing side, but the cost of reviewing them can be used as leverage in settlement negotiations.
Regularly cleaning out old emails is a prudent practice. Develop a clear policy and stick to it. While deleting emails can be challenging, it’s a necessary step to minimize potential legal and financial risks.