In the first of this three-part series on mastering legal holds, I introduced the concept of a legal hold and offered seven steps for implementing a hold. This article discusses when a legal hold duty arises and key considerations for legal administrators when fulfilling their duties to issue and monitor a hold. In Part III, I will will focus on the scope of the required preservation and best practices in executing preservation and hold efforts.
Implementing a legal hold involves two related inquiries: when does the duty to preserve attach, and what evidence must be preserved.
