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Computerized Records: New E&O Concerns?
COMPUTERIZED RECORDS: NEW E&O CONCERNS? Over...to summarize the major recommendations and findings of its legal counsel. The ...

... Leading agencies develop a focused and balanced approach to automation. These firms regularly find themselves on the leading edge of technology that works. The purpose of automation is to create improvements in productivity, client service, and information management. Some principals make the initial investment in computer technology, but don't change their way of doing business to maximize the value of this outlay. Many firms have made automation purchases only to be ensnared in a maze of duplicate systems and procedures. The lack of standards for operating in an electronic environment leads to ... , if any, improvement in the way they do business or serve their clients. An agency in the Southeast recently bought a new automation system. The purchase required new hardware and software, as well as a substantial amount of training to standardize workflow procedures. The firm's stress on consistency and standards allowed it to maintain revenue growth rate without hiring new staff. The result: an increase in revenue per employee in the year of the automation conversion. High-value agencies run their business like a business. Most local and regional agencies are ... owned and/or closely held. The principals of top firms recognize the duality' of their relationship with their agency — as both investors and employees. As investors, principals are entitled to economic returns based on the risk associated with their investment. As employees, they deserve appropriate compensation for the job they do. Even though their total paycheck reflects both investor returns and compensation for their job, the principals of top agencies are well aware of the difference between the two. A firm in the Southwest had three principals who began ...

...s make the initial investment in computer technology, but don’t change t... that serves insurance agents, brokers and companies, as well as financial ins...

...producers, who usually aren’t as computer friendly as CSRs. Producers resent ...e which documents to scan, and what hardware you’ll need. Depending on your s...

... Categories Popular Recent All Back Planning for Obsolete Media 7/20/2018 12:00:00 AM by CompleteMarkets Editor , steve anderson This content has not been rated yet. While doing some spring-cleaning in my office recently, I found a few boxes of old computer hardware and software. Like many of you who have a closet in your agency where you stuff things that you can't bring yourself to throw out, my boxes are filled with old equipment that once was very important. Many of the items are various types and ... of backup devices. That got me thinking about how agencies need to archive information so that it can be retrieved. Let me give you a few examples. I used to use an Iomega Zip drive with 100 MB and 250 MB Zip disks for backup. But I can't pull a file off one of those old disks now. In the last agency I worked for, the original software we used to store our scanned documents was called PageKeeper. This program stored scanned images in a proprietary format that required the program in order ... view any documents. However, the company that made the program stopped updating it. What happens to those images if the agency needs to retrieve them now? In truth, all media eventually becomes obsolete; it just seems that some die faster than others. What's going to happen to the CD-ROMs and the DVD-Rs that we're using to archive our precious data, such as our digital photos? Are they doomed? Will they become useless (except as coasters)? This is an issue that every agency should address as part of ...

... pulling paper files, as well as computer files, and transcribing the same inf...res an agency to commit both resources and time. But the rewards in increased productivity, higher profits, and happier employees will be well worth the time and effort.

...ur agency automated? If so, what computer hardware do you have? 9. Did you design ...ion with insurance companies, clients, and prospective clients. b. You are ob...

...ntly, I found a few boxes of old computer hardware and software. Like many of ... data at any time. The growth of broadband networks is making the act of trans...

...ce Verify information on the computer system against the policy before com...amp;O issues. Implement these 15 steps and consider supplementing them with yo...

... and points out the legal differences from paper records. Conclusions in Legal Review Steptoe & Johnson found that the courts generally regard computerized records to be as reliable as paper records. In fact, federal and state courts have tended to relax the requirements for authenticating and admitting computer records into evidence. However, these requirements, as will be described later, differ from those for paper records. Other conclusions: 1. Federal and state courts maintain a high degree of consensus about standards for the admissibility of computerized business records. There are ... concern unless the opponent in the case has produced evidence of improper manipulation. In most jurisdictions, no initial burden is put on the proponent of the records to show security. Another issue one might believe important to the courts is the design performance and reliability of the hardware and software systems. However, testimony on the technical features of systems is seldom viewed as a condition for admissibility. The courts' primary concerns have been the accuracy of input procedures in processing. While these concerns are no different from those applicable to paper records ... the specific testimony needed is generally broader in scope and detail. Any employee having knowledge of the procedures to create and use the record can be a qualified foundation witness. It is more important for the witness to have direct familiarity with the entry process than to have detailed knowledge of the inner workings of computers. Also, as with paper records, it must be shown that the business relied on the computer records' accuracy. What are the differences between paper and computer records for the admission of evidence? Primarily, proof of ...