Companies are obligated to place a litigation hold on any potentially responsive records when litigation is reasonably foreseen. Everyone knows that, but there is a lot of confusion around what is required to establishing a defensible process.

Current software is over-kill in terms of cost and complexity and the industry noise levels are drowning out practicalities. There are four standards to start things off.

Know where to look. The litigation hold process should start with in-depth knowledge about all record types held, who owns or controls them and where records are held and where they are not. Hold orders can be more specific and enforceable with this information.

It has to be a consistent and repeatable process. This explicitly means that automation is required, that it must be simple and not require special training or skills to activate.

It has to be securely communicated. Sending hold orders via email is not reliable. Bounce backs are common, which lead to man hours of follow up and error-prone instructions. Companies that operate in the European Union have further issues with such communications. A secure, reliable and controlled channel is required.

It has to be well documented. Who was notified, how they responded, what they did, when reminders were sent and what the responses were, and so on. It all needs to be available to present to the court.

A litigation hold process built on these cornerstones is practical, effective and defensible. Jordan Lawrence has in-depth experience in developing and implementing hold management processes that work for companies of all size and industry. Let’s talk about your needs.