E-discovery best practices for your practice, Step 2: Preservation

Preservation activities are arguably the most important, as one misstep could result in sanctions, or worse yet, dismissal of claims

In Step 1, we discussed the litigation readiness activities that set the stage for preservation activities. These preservation activities are arguably the most important, as one misstep could result in sanctions, or worse yet, dismissal of claims.

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The litigation hold

In order to make certain all sources of potentially relevant information are identified and preserved, you must issue a litigation hold. This litigation hold should be in writing and detail the specific information to be preserved. Send the litigation hold notice to key players, their supervisors, the executive team, HR, in-house counsel, IT, information governance personnel and any and all other individuals who may have relevant information to the claims and defenses in the litigation. As counsel, your job is not done once you send your litigation hold notice — an attorney has a duty to monitor and oversee compliance.

Contributing Author

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Kate Mortensen

Kate Burke Mortensen is a senior discovery consultant with Xact Data Discovery. A former practicing attorney, she has 12 years of litigation experience representing individuals...

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