A litigation hold is a critical notice sent by the legal team or department of an organization, asking it to collect and preserve crucial information that may come in handy if they anticipate a lawsuit. If the hold notice is neglected, the consequences could be dire for the company, causing them to bear losses in the formal dispute.
Also commonly called legal hold, this directive ensures that the concerned authorities place a firm grip on all essential documents, making them available for use if the anticipated dispute occurs. The process involves several pivotal steps, making it critical for organizations to proceed with caution.
The following information is a quick outline of this vital action that can prove to be helpful to companies expecting litigation.
When it occurs and why it matters
The rules of e-discovery require companies to obtain and exchange crucial information during an ongoing or anticipated lawsuit. The process commonly begins when a trigger event occurs, causing the company to collect and preserve each relevant detail.
Typical triggers include an employee sustaining injuries at the workplace, a breach of contract, or the company receiving a notice threatening legal action. Sometimes, the company may decide to initiate litigation against another party, kicking off the hold order.
If critical data is destroyed or overlooked by a company’s negligence, they could incur fines or even face an unfavorable judgment in court. That’s why all organizations must have a reliable plan, ensuring the concerned authorities quickly begin collecting pivotal data and preserving it as soon as the request is issued.
Typical steps in the process
Companies need to undertake several steps to ensure a proper hold is initiated. They begin by identifying the relevant information that needs to be preserved, commonly stored electronically in recent times, such as emails, smartphones, hard disks, drives, and document management systems. However, it may include paper books, log files, and other physical documents.
Once the data is identified, the authorities need to identify the custodians responsible for this information and send them notices. Reminders are sent later to inform the custodians that they are still bound to the hold, sometimes requiring acknowledgment from them.
A solid release process is essential to let the custodians know that the legal matter is resolved, freeing them from the obligation to preserve the relevant information.
How an AI platform can help
Even the smallest companies will face several challenges if using spreadsheets and emails solely to manage a legal hold. They may overlook vital data that will come in handy during the lawsuit, causing the organization massive loss.
Invariably, an automated solution can be exceptionally useful in such instances, ensuring businesses have everything they need at the right time. Reliable AI platforms can effectively eliminate manual errors, automate communication, collect pivotal data and track it, and conduct extensive searches to find the minutest details that might help the case.
Also, the software makes it easy to notify custodians of their obligations using customized templates that save time and effort. It streamlines the entire process by enabling custodians to upload data to the correct portal.
Therefore, consider using a reputable and secure platform with flexible pricing that allows you to manage custodians, create questionnaires, and handle the whole procedure efficiently.