Business Records Production: Ensuring the Story is Complete

Written by Charles A. Dorminy, J.D., LL.M. and Kawania B. James of Hall Booth Smith, P.C. for the 2015 Fall/Winter issue of USLAW Magazine.

Let’s boil it down: All jokes aside, a litigation lawyer’s job is to tell stories to the jury during a jury trial. The story-teller supports his/her stories with allegations of fact. The “facts” are supported by testimony or physical evidence accumulated over the life of the claim. More often than not, the physical evidence includes business records. These records are produced to the parties before and/or during the litigation.

Therefore, business records are almost always at the center of every story-teller’s narrative. The ability to establish or refute liability and/or causation often hinges on what is reflected in the records. Your company’s or client’s ability to competently produce business records when requested is vital to the success of your risk management program. This should not come as an Earth-shattering revelation, but the importance of producing a complete set of business records is routinely overlooked until it is too late…READ MORE.