Extract from Colin Houghton article “5 Essential Steps for Implementing a Successful Preservation Plan”
Without evidence, there can be no proof, and thus, no litigation. It’s age-old knowledge for litigation and as data volumes balloon and security risks abound it’s arguably more relevant than ever. That’s why the process of preservation is foundational, and building a preservation plan that is defensible, is so important. Preserving evidence is a crucial precursor to ediscovery and all negotiations and court proceedings that come thereafter. Additionally, the duty to preserve evidence applies equally to both the plaintiff and defendant.
The good news. It doesn’t require perfection. Here to help you crack the code are 5 of our essential steps to putting together a defensible preservation plan.
1. Recognize the Trigger Event
While it can often be a little bit of a gray area – the moment of “credible probability” that something will be involved in litigation or something as concrete as commencing litigation – the trigger event is the jumping off point for your preservation plan. Solving how you will identify and evaluate trigger events, as well as who will be responsible for making the decision, and how that person will be informed of the trigger event, is key to getting your preservation plan underway.
