Closing the Loop on Legal Holds: The Missing Step in Most Litigation Hold Processes

The Missing Step in Most Litigation Hold Processes

The litigation hold process consists of several steps that recipients must follow. Most of them are fairly straightforward, but the last steps in which holds are released can be more challenging.

The Association of Corporate Counsel and Everlaw report that 51% of enterprises manage legal holds via email, while 35% use spreadsheets. Unfortunately, the lack of specialized legal analytics software makes concluding the process a nearly impossible challenge.

Here, we're going to discuss the ins and outs of closing the loop on the litigation hold process and streamlining overall litigation management. Read on for some actionable insights on proper hold release and defensibility.

What Is the Litigation Hold Process?

A 'litigation hold' is sometimes called a 'legal hold.' Courts or other legal entities send to corporate legal representatives, LSPs, and public records holders a notice that they need to offer up information to the court.

The recipient will then send a legal hold to their employees, also known as 'custodians', during the litigation hold process.

Legal holds tell the custodian to keep relevant data safe. They aren't to alter or delete it. This makes reviewing the documents easier, so the company can send relevant data to the entities making the data request.

There are several steps in the legal hold process. eDiscovery for corporations necessitates:

• Identifying what information must be preserved
• Figuring out who the custodians of this information are
• Sending out the litigation hold notice to custodians
• Receiving an acknowledgement of the legal hold
• Monitoring the hold's status and the custodian's activities
• Monitoring communication related to the hold
• Reporting on responses to the hold to showcase that all processes were followed appropriately

At the end, legal teams must release custodians from the obligations outlined in the litigation hold.

How Long Does a Legal Hold Last?

There's no set timeframe for a legal hold. Some may last a couple of weeks, while others last several years. It all depends on the specific case timelines for litigation.

However, legal departments can expect regular reminders about ongoing FOIA requests or subpoena orders. To streamline the process, those within those departments should send occasional reminders out to custodians.

This ensures that those holding the information will remember to keep it safe and unaltered.

Release: The Missing Final Steps in Legal Hold Success

Regardless of how long the hold lasts, it will eventually come to an end. This is usually because the lawsuit is settled or dismissed, so it concludes naturally. However, in some cases, the nature of the case will change, and the information will simply no longer be relevant.

At this point, it's critical to release custodians of their responsibilities to safeguard the data that they're storing. Releasing them ensures that they won't be under a litigation hold forever so that they can resume their normal data management practices. The standard data retention practices are easier and better align with company goals.

However, you can't just send an email saying that the hold is over. Corporate legal teams and outsourced LSPs need to follow a formal process when releasing custodians from their obligations. If they aren't clear about how to proceed or at what precise time the hold ends, custodians may accidentally stop fulfilling their obligations too early, leading to a compliance nightmare.

Consider:

• Sending out a formal release notice to custodians
• Including the specific date and time of the release in this document
• Ensuring that custodians know what information they no longer must hold
• Verifying that no custodians have overlapping holds
• Keeping detailed records of the release process, including the contact information of release recipients and the date you sent it out
• Monitoring compliance to ensure that custodians return to using standard data management practices at their place of work

What Sets Reveal's Litigation Hold Functionality Apart in Litigation Efforts?

Reveal's legal hold technology is an end-to-end software that helps teams manage all steps of the eDiscovery process. This ensures that you don't miss any steps, including the final ones that close the loop on litigation holds.

It helps you optimize litigation strategy by consolidating hold management in one place. You work within an all-in-one dashboard to view and manage legal holds. Additionally, you can use the platform to see what custodians are doing and send them updates about their holds.

This is especially efficient with Reveal's automated notices and messages. You can simply schedule updates to go out at specific times.

Beyond that, our integrations with Active Directory and HRIS platforms make it easier to track custodians and evidence. Legal experts are automatically informed of changes, which reduces the time and money that case management takes.

Frequently Asked Questions

What makes tracking custodians so important?

Tracking and managing your custodians works to:

• Ensure secure data handling
• Control user access effectively
• Monitor custodian actions to ensure compliance
• Make the entire eDiscovery lifecycle faster

How does Reveal streamline operations with AI?

McKinsey & Company reports that 78% of businesses use AI for at least one business function. If you're not using it, you're falling behind, and Reveal ensures that your legal holds process remains ahead of the game.

Because of this, we integrate AI review into your existing workflows. Every step of the eDiscovery lifecycle, from review to release, is powered by automated technology that streamlines tagging and search functionality. It also summarizes complex data to make it easy to understand.

What is verification for overlapping holds?

Custodians may be on the hook for multiple legal holds at once, and they need to keep preserving documents. In these instances, you can't fully release them from their duties.

Make sure that there are no overlapping holds before sending out a formal release message. This mitigates the risk of data loss or spoliation.

Optimize Litigation Strategy With AI-Powered Tools

Understanding the litigation hold process may sound simple, but it's easier to forget the final steps needed for hold release and verification. Now that you know how Reveal can help streamline these steps, it's time to learn more about our cutting-edge tools.

We offer products that predictably resolve common eDiscovery challenges and save time and money. The support and training offered by our team allow you to manage both large and small concerns with ease.

Don't wait to figure out how we can help - schedule a demo of our services to see for yourself.