A legal hold or preservation order is essential for the eDiscovery phase since it involves the entire enterprise and guarantees that vital data is protected. A legal hold software can be used to send the preservation order to all of the organization’s custodians. The custodians must not destroy any physical records or delete any ESI pertinent to the investigation. This guarantees that any information relevant to the case is treated discreetly.
When anticipating class action suits or other formal challenges, companies are expected to take necessary steps to preserve relevant material according to the FRCP Rule 37. They should be able to demonstrate that substantial and good-faith attempts were made to avoid data destruction. Hence, businesses must have a preservation order process in place and a legal hold-specific instrument, such as one incorporated into an eDiscovery system from a reputable preservation order software provider. This program provides custodian administration, automatic notifications, and communication systems within a secure, cloud-based environment. These versatile programs can handle everything from data gathering to data storage.
Legal Hold is an essential feature of a robust eDiscovery platform since it necessitates legal and technological expertise to handle the preservation orders. While it may appear that sending an alert to the custodians instructing them to maintain data is all that is required, it is more of a multi-step procedure. This post delves deeper into various aspects of preservation order:
The Legal Hold Procedure Involves the Following Steps:
Data and Custodians Recognition: The first stage is recognizing important custodians and database stewards, such as archives management officials, Technical experts, division managers, legal department, and anybody with data or expertise relevant to the pending litigation. The legal team must establish what material is possibly essential and who is responsible for preserving it. This data covers both physical and digital records.
Issuance of Notice: This notice informs all custodians of the situation and specifies the material that must be retained. Individual custodians would have to abstain from destroying records or emails in this scenario. This entails halting any periodic document disposal policy by IT staff.
There are currently no particular rules in place for preservation order notices. But, it should, at the very least, include the following:
- Information about the case that is exclusive to it
- A summary of the situation
- References to the possible repercussions of non-compliance
- Data sources that could be useful
In basic unambiguous language, the notice should advise recipients of their legal responsibility to safeguard information.
Release of Preservation Order: When the case is over, the stewards should be told they are no longer obliged to keep the data. This guarantees that no steward is excused from their responsibilities before they are due and that they don’t have to wait any longer than necessary.
Preservation Order Best Practices:
It’s essential to have a standardized protocol in place and email templates. This must be a well-thought-out report that is specific to the scenario. An intelligent legal hold software with Cloud Collections protocol decreases risk and saves time. It allows for direct information and document collecting without the usage of credentials.
A litigation hold has no hard and fast legal criteria for its content or design. However, while formulating a legal hold, there are some best practices to follow:
Prepare an Interview Strategy: All stewards, including individuals who were not directly implicated with the fundamental concerns but had a fleeting interaction, have a responsibility to retain critical ESI. Custodian interviews are one approach to obtaining the information needed swiftly. These interviews must comprise specific questions that disclose material that can be used right off the bat.
Avoid Delays: The plausible anticipation of lawsuit criterion is used to begin the preservation responsibilities, which many people find rather vague. Rather than waiting for legal action to commence, it is preferable to create a procedure that identifies the primary points and then issue the preservation order.
Everything Should be Documented: It is critical to track every activity systematically to verify that the legal hold procedure is defendable. It will be much easier to establish that the legal hold procedure was implemented in a fair and good-faith manner if you have appropriate documentation.
Employing Litigation Hold Software:
Utilizing legal hold software will speed up the legal hold procedure and allow you to send notices to numerous custodians using pre-approved content. You will be able to minimize risk and save time by using direct and efficient data collection and documentation.
Having a robust platform that provides end-to-end Legal Discovery with AI can assist you in both creating and managing legal holds. It allows you to gather data transparently, allowing you to take legally sound action that is defensible.