When preparing for potential legal action, have you considered what might happen if your opponent asserts that you’ve lost, destroyed, or withheld evidence? Are you well prepared to respond? Can you demonstrate exactly when you issued legal holds, who received them, and what became of the different types of evidence in the recipients’ custody?
Not all in-house legal teams can respond with confidence. In many cases, corporate attorneys must defend their processes around whom they put on hold, what they discussed with custodians, and when or how they monitored custodian compliance.
Fortunately, highly stressful scenarios like this are avoidable. You can create a defensible, cost-effective, and efficient legal hold and data preservation process by following the 5 steps outlined in this guide.