In the face of anticipated litigation, companies must prevent the destruction of any electronically-stored information (ESI). After receiving written communication informing a company of a potential lawsuit, the company must outline relevant documents and prepare them for protection to prevent spoilage or destruction.
Legal holds are often more far-reaching within a larger organization and require comprehensive data management solutions.
What Exactly is Legal Hold?
A legal hold is a crucial part of the early discovery phase of litigation as a firm moves to preserve relevant evidence, including digital data. A legal hold requires an organization to “undertake reasonable actions” to prevent the loss of all pertinent data or information during early discovery.
A legal hold is initiated the moment a company receives notice of potential litigation, and relevant digital assets are identified for preservation. The company must identify custodians and alert them of the ESI (electronically-stored information) that needs to be protected.
Where Does Litigation Hold Go?
The legal hold process does not conclude until provisions outlining the release of the hold are written. The company must alert custodians of the information upon the release of the hold.
This makes tracking, managing, and organizing all digital assets a critical component of the legal hold process. AI-driven technology has streamlined this process significantly. Thanks to software and digital tools, companies can create a complete digital footprint that ensures compliance from early discovery through release.
Benefits of Using Litigation Hold Software
Legal hold compliance is essential to proving good faith in the face of litigation, and legal hold software benefits legal teams and custodians. It can assign custodians and deliver reminders that minimize the chance of spoiling documents.
Legal hold software also manages custodians and keeps an account in the event of a custodian being replaced.
How Can Potentially Relevant Information be Found?
Under federal rules of civil litigation, the relevant documents for a legal hold can be identified by facts relating to the case.
Legal teams on both sides of the case then analyze this information during the early discovery phase of the case. AI-powered algorithms have transformed the way attorneys collect, manage, and analyze these documents.
Legal teams can provide specific instructions for what information is deemed relevant to the case and should present these instructions clearly, from the moment a legal hold is issued.
Benefits of Using a Litigation Hold Consulting Company
Working with a legal hold consulting firm allows legal teams to gain insight into relevant documents while focusing on legal strategies instead of data management.
Unlike a manual process legal hold, the eDiscovery process saves time and money while presenting all relevant correspondence, including pertinent imagery, across platforms. Also, traditional legal holds completed under the manual process were prone to human error and much more costly than eDiscovery processes.
One of the primary benefits of working with an eDiscovery consulting firm like Datamine Discovery is that you reduce the risk of mismanagement of sensitive documents. The Datamine Discovery team is experienced in performing the legal hold process consistently.
Companies must follow every process as outlined in the written instructions when facing anticipated litigation. Working with a third-party eDiscovery firm allows attorneys and legal teams to access information on a cloud-based platform and conduct rich searches, implement filters, and customize their storage options.
A legal hold is only the first step in the early discovery phase of litigation and should be taken seriously. If you would like to learn more about Datamine Discovery’s eDiscovery processes and services, contact us today at 617-329-9530 to schedule a consultation. Learn more about your options in today’s ever-evolving digital data management landscape.
