When litigation is imminent or reasonably anticipated, corporations use a litigation hold, also known as a legal hold, to preserve possibly relevant data. Corporations remind custodians of their obligation not to destroy ESI or physical records pertinent to a lawsuit by imposing a legal hold.
Litigation hold and Information Governance (IG) prevent perjury, preserve evidence, and defend against data spoliation. If a corporation has failed to act promptly to ensure the retention of its records, the court may impose cost sanctions against the business.
A correct litigation hold that is promptly and diligently enforced enhances your case’s defensibility. However, many corporations fail to anticipate the possibility of litigation, making it challenging to implement an effective hold when it is required.
Fortunately, there are several options for making the data preservation procedure less intimidating. It is recommended that you use a pairing of a document management system and a legal hold software solution to prepare for an effective litigation hold.
Importance of Data Value Maximization Strategies For Legal Hold:
Proceeding with litigation hold without a data value maximization strategy is perfect for disaster. A corporation without an established data value maximization strategy or IG struggles with data identification, preservation, and collection process when a legal hold is expected for a lawsuit. This leads to a reduction in efficiency and an increase in cost across the eDiscovery lifecycle. Corporations can avoid this by encouraging solid IG policies at the outset of action and greatly assisting in streamlining the legal hold phase.
Data value maximization strategy, often known as Information Governance (IG), is a vital cross-functional field that systematically and defensible decreases a corporation’s information footprint. Accountable personnel and enabling systems are at the heart of the most effective IG projects.
IG necessitates well-defined and well-structured:
- Data mapping: This data warehousing procedure uses a defined set of strategies to bring multiple data models together. Data mapping aids in the identification of data as well as its storage site.
- Data Retention Policies: A predefined, all-inclusive written data retention policy for orphaned files, short-term reference files, outdated or superseded files, safety, and litigation copies, systems upgrades, and technical duplicates.
- Process Automation: This minimizes human error and creates an audit trail, making it easier to defend in a court of law.
- System for Document Management in a Centralized Location: Data storage and management on a single platform makes data retrieval easier, fast, and more transparent.
A robust, predefined, and compliant Information Governance makes legal holding more robust and defensible.
Why Do You Need Legal Hold Software over Manual Systems?
A good IG is a starting point, but a legal hold process can still be very tedious, and missing out on a few nuances can lead to major consequences. In the traditional system, a lot of time is lost and chances of miss-communication or delayed response cost corporations a lot of money.
The most practical option for larger corporations with many litigation holds in place and potentially numerous people involved and to be tracked is to automate the process using legal hold software. You can significantly expedite the hold process and reduce redundancies and errors with litigation hold software.
Failing to identify the correct custodians; missing data when an employee leaves; failure to follow through on data highlighted in an interview process; mishandling data in the collection, and so on are some of the problems to a defensible legal hold procedure.
A corporation can solve these issues by adopting and enforcing well-defined document management IG rules and automating litigation hold processes with software. Adopting current best guidelines for litigation holds will also improve the case’s defensibility in the case of judicial inquiry.