ILTA WHITE PAPER: MAY 2015 WWW.ILTANET.ORG
LITIGATION HOLDS
A crucial part of implementing defensible disposition of your data is having
procedures to suspend any deletion of that data. A litigation hold must
supersede any scheduled or unscheduled destruction. Legal holds can arise
from possible claims against your firm or from other litigation involving
your client (for example, a lawsuit from a real estate transaction where your
firm represented the seller). Make sure your litigation support data and
communications are part of your firm's legal hold process. A simple way to
accomplish this is to put a line item of any client ESI or litigation support
data in your records database. Your litigation support department should
be included by default on any legal hold notices. If you have data hosted
by a vendor, they will need to be notified that they are prohibited from any
alteration or destruction of the client data.
GOOD PRINCIPLES MAKE GOOD PRACTICE
Not only is it important to understand your client's information governance
protocols for e-discovery, but information governance protocols must
also apply to your law firm management of client files. While adopting IG
practices might seem burdensome at the outset of a matter, they will save
you time and money.
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