by Cary J. Calderone, Esquire
I will be checking out The Computer Forensics Show Nov 1 and 2 at the Fort Mason Center right here in San Francisco. (You know San Francisco, where the Giants play World Series baseball...) It is my first time attending this particular event but I expect it to be worthwhile. As my readers know, there is a very important relationship between DRED and computer forensics, so I will observe the legal tracks and hopefully learn more about when and what specific factors trigger forensic investigation, and how forensic tools may be used proactively, to avoid pain and greater costs later.
Given some of the panel discussions they have scheduled, I am sure I will find some "blog-worthy" material.
October 28, 2010
October 26, 2010
Who are you talking to? You talking to me?
by Cary J. Calderone, Esquire
Here comes a little rant. I try to be nice, really I do. But it is very frustrating when my energy and efforts to help a client are thwarted or, challenged by more aggressive and "less informed" consultants and sales representatives posing as consultants. Attorneys, sales reps and consultants usually have different education backgrounds, different experiences, and different motivations. So I wanted to devote this blog post to summarize and distinguish these three professionals who may be employed to assist you with your DRED project.
First, there is the sales representative who makes some or all of their salary by making a sale. They have to get you to say "yes" to their product or service in order to earn their commission. Accordingly, they are not the most motivated when it comes to telling you how their product might fail you or how over-simplified their "form data retention policy" might be. Most seasoned customers recognize the motivation of the nice and helpful sales rep and view their information as potentially inaccurate.
Next there is the consultant, (and not one that is really tied to a specific product which makes them a sales rep disguised as a consultant) offering you "best practices." The consultant needs to make you happy with the service and/or product they select so getting you to say "yes," is not always enough. If it doesn't work out as advertised, you probably will not want to pay for it. So, where a sales rep might proclaim a product definitely can handle your needs, the experienced consultant will hedge a bit, to avoid possible fallout later on. I get quite a few questions from "consultants" asking me to explain some point of law to them so they can explain it to their client. I typically do not help them. It is their intention to take complex legal points and simplify them because, "that is what their clients like." Needless to say, simple is not accurate and frequently will cause their client more harm than good. A little information truly can be a dangerous thing.
Lastly, there is the attorney (cue dramatic background music). The attorney is risk-adverse and picky about simple statements of the law. We learn that words have meaning and appreciate that even when sales reps and consultants use our words or case law appropriately, they often find a way to mess up the scope or analysis of the legal principle. While attorneys are often derided for making the simple seem complex, in our defense, frequently things that appear simple, are simply not. And, when it comes to your legal obigations, we attorneys are the ultimate and best source to evaluate your legal hold, data retention and eDiscovery policies and procedures. Most good sales reps and consultants agree with this. even if they occasionally forget it while they try to "help" their client.
So, who are you talking to? When it comes to legal points, I hope it is your very wise and well-informed attorney. Can you hear me now?
Here comes a little rant. I try to be nice, really I do. But it is very frustrating when my energy and efforts to help a client are thwarted or, challenged by more aggressive and "less informed" consultants and sales representatives posing as consultants. Attorneys, sales reps and consultants usually have different education backgrounds, different experiences, and different motivations. So I wanted to devote this blog post to summarize and distinguish these three professionals who may be employed to assist you with your DRED project.
First, there is the sales representative who makes some or all of their salary by making a sale. They have to get you to say "yes" to their product or service in order to earn their commission. Accordingly, they are not the most motivated when it comes to telling you how their product might fail you or how over-simplified their "form data retention policy" might be. Most seasoned customers recognize the motivation of the nice and helpful sales rep and view their information as potentially inaccurate.
Next there is the consultant, (and not one that is really tied to a specific product which makes them a sales rep disguised as a consultant) offering you "best practices." The consultant needs to make you happy with the service and/or product they select so getting you to say "yes," is not always enough. If it doesn't work out as advertised, you probably will not want to pay for it. So, where a sales rep might proclaim a product definitely can handle your needs, the experienced consultant will hedge a bit, to avoid possible fallout later on. I get quite a few questions from "consultants" asking me to explain some point of law to them so they can explain it to their client. I typically do not help them. It is their intention to take complex legal points and simplify them because, "that is what their clients like." Needless to say, simple is not accurate and frequently will cause their client more harm than good. A little information truly can be a dangerous thing.
Lastly, there is the attorney (cue dramatic background music). The attorney is risk-adverse and picky about simple statements of the law. We learn that words have meaning and appreciate that even when sales reps and consultants use our words or case law appropriately, they often find a way to mess up the scope or analysis of the legal principle. While attorneys are often derided for making the simple seem complex, in our defense, frequently things that appear simple, are simply not. And, when it comes to your legal obigations, we attorneys are the ultimate and best source to evaluate your legal hold, data retention and eDiscovery policies and procedures. Most good sales reps and consultants agree with this. even if they occasionally forget it while they try to "help" their client.
So, who are you talking to? When it comes to legal points, I hope it is your very wise and well-informed attorney. Can you hear me now?
October 18, 2010
ARMA International Conference and Expo in San Francisco November 7-10
The ARMA (Association of Records Managers and Administrators) Show is coming to San Francisco November 7-10 and should be excellent. Although I was not able to attend the show in Orlando last year, I attended the Las Vegas Show in 2008 and found the panel discussions and presentation to be very worthwhile. The highlight for me is that the speakers are often practitioners with a gift for educational presentations, and not just sales gurus and product marketers.
The guidelines for ARMA prohibit speakers from simply selling their services. The end result is that they offer more "real-world" examples of tackling and succeeding with Records Management, Litigation Preparedness and e-Discovery projects. I have participated in local ARMA chapter events in Silicon Valley, San Francisco and Contra Costa County but will just blog about this event. The local and national organizations are a great resource for anyone interested in learning more about Records and Information Management, or DRED. For more information you may go to their website www.arma.org. See you at the show.
The guidelines for ARMA prohibit speakers from simply selling their services. The end result is that they offer more "real-world" examples of tackling and succeeding with Records Management, Litigation Preparedness and e-Discovery projects. I have participated in local ARMA chapter events in Silicon Valley, San Francisco and Contra Costa County but will just blog about this event. The local and national organizations are a great resource for anyone interested in learning more about Records and Information Management, or DRED. For more information you may go to their website www.arma.org. See you at the show.
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