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Photo: Fizkes via Shutterstock Photo: Fizkes via Shutterstock

Companies and their outside counsel often retain various business consultants to advise on deals, and over the course of the deal, they may direct and oversee the consultants’ day-to-day tasks. But when litigation against the company concerning the deal becomes imminent and the company must take steps to preserve documents, a question may arise with respect to consultant’s documents. Notwithstanding the fact that such consultants are non-parties and separate legal entities from the company that retained them, must the company take steps to ensure that consultants’ documents are preserved? This article explores the current law and proposes considerations to help practitioners navigate the issue.

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