Hold On: Legal Hold Notice How-To

By Helen Geib, QDiscovery

The legal hold is the mainstay of eDiscovery preservation for businesses of all sizes. Legal holds are implemented using a written legal hold notice. An effective legal hold moves through four distinct stages: draft the notice; distribute the notice; manage the hold; and release the hold.

In its essentials, a legal hold notice – sometimes called a litigation hold, preservation notice or preservation hold – instructs the company’s employees and agents not to delete or destroy relevant documents and ESI until further notice. The primary purpose of the notice is to comply with the duty to preserve. The duty applies to all relevant information in the company’s possession, custody or control after litigation occurs or is reasonably anticipated.

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