In the age of email, metadata, flash drives, and cloud computing, most attorneys are acutely conscious of their duty to ensure that their clients appropriately preserve documents. An attorney should issue a written litigation hold immediately upon notice of a triggering event (e.g., potential claim) or a suit, whichever comes first. In a perfect world, the initial demand for litigation hold would contain the universe of information necessary to capture all systems and parties relevant to the claim or suit.
But the real world is not always perfect. Lawyers and clients rarely have complete information at the outset of a dispute. As such, document preservation is not a one-time process initiated at the commencement of a case or upon some other pre-litigation triggering event. It is an ongoing obligation, continuing throughout the course of the litigation. With that in mind, here are four things lawyers should do when implementing and updating a litigation hold.
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