Crafting the “Perfect” Legal Hold Notice

Extract from an article by Craig Ball

To get the ball rolling for PREX, I drafted a list of ten elements I thought were essential components of whatever communication aspires to call itself the “perfect” preservation notice.  These were:

Ten Elements of a “Perfect” Legal Hold Notice

  1. Timely
  2. Communicated through an effective channel
  3. Issued by person(s) with clout
  4. Sent to all necessary custodians
  5. Communicates gravity and accountability
  6. Supplies context re: claim or litigation
  7. Offers clear, practical guidance re: actions and deadlines
  8. Sensibly scopes sources and forms
  9. Identifies mechanism and contact for questions
  10. Incorporates acknowledgement, follow up and refresh

Exhaustive?  Probably not.  Perfect?  Surely not.  But, a legal hold directive that incorporates all of these elements is virtually assured of withstanding scrutiny; and one that materially lacks these elements is insufficient and may prove in indefensible when challenged.