The focus of his argument is that, while a laissez-faire approach to records management might satisfy operational and administrative needs, it becomes a liability in court. As he writes, Records management policies tend not to exist. That's good for plaintiff's counsel, because the jury may simply assume that the records don't exist because the company is hiding something. The policies also tend to be vague, so that a litigator can either say that you don't have a policy, in any real sense, or that the policy you do have is inconsistent with the one that is written. Either scenario suggests that the recordkeeper is not credible.
Policies also tend to be poorly implemented.
Again, this is evidence that the company is hiding something. Cohasset's site also includes a variety of articles on other aspects of electronic records policies, along with a useful set of links to projects and programs around the world. Inc. Along with a description of its services, EED provides references to articles and some texts in which electronic evidence is discussed or the company was featured. It also publishes a newsletter, Recent Developments , which recounts the news in electronic evidence discovery law. In response, states have begun to address this uncertainty with various differing state statutes.