Wednesday, April 15, 2009

The Litigation Hold Letter....

More and more over the last 18 months my team has been brought in at the onset of a pending case. Mostly by firms that could write a litigation hold and discovery request letter without thinking twice for a typical case that is dominated by paper based record keeping.

In this day of digital record keeping (a.k.a. electronically stored information) the Litigation Hold Letter has taken on new form. Much more needs to be considered about what one expects to gain from the other side during discovery. The letter is not a discovery request, it is designed to identify potential sources of evidence and the manner in which evidence should be preserved.

For additional information please see the post from Joshua Gillard, Esq. Bow Tie Law's Blog on What Goes In a Litigation Hold Letter? In the very near future I will be posting sample Litigation Hold Letters at

"The foundation of the case starts with a notice to preserve..."