94% of Businesses Not Fully Prepared for FRCP, Survey Says

Mar 20, 2007

Three months after changes to the Federal Rules of Civil Procedure (FRCP) went into effect, the vast majority of businesses are still not confident they are prepared to meet the new requirements, according to a Fortiva survey. Ninety-four percent of those people responsible for email policy do not feel their organization is fully prepared to meet FRCP requirements. Only 38% of those respondents say they are familiar with the changes, which require all companies to know exactly where their electronic documents are stored and to be prepared to make corporate email available to the court in case of a lawsuit.

The survey, which was conducted during the last week of February, found that almost half of the respondents (45.9%) have no retention policy for email, an important step in meeting FRCP rules. In addition, only 8.4% of respondents have met one of the most critical requirements outlined by the FRCP amendments: putting a litigation hold procedure in place. While 10% of respondents have made changes to the policy to meet FRCP, over 20% are still in the planning stage, and 36% were not sure if changes were planned.

In response to the FRCP changes, Fortiva has made available a new version of Policy Builder by Fortiva, a free online template tool. The tool, which is available through the Fortiva website, provides policy templates created by experts including acceptable usage, best practices, security guidelines, retention policies, and sample keywords to use when enforcing policy elements. The tool offers secure, password-protected access via a web browser, designed to allow users to view and update their customized policy at any time. It also allows creation of a PDF version of the policy for company-wide distribution.