Having a Strong Information Governance Program

Having a strong information governance program can help in identifying the location of relevant ESI and the custodian responsible for its preservation. In order to determine the scope of the information, there are certain factors that need to be considered, including the nature of the issues, the probative value of the information, its accessibility, and relative costs and burdens.

Changes in Employee Status

In case an employee switches positions, moves offices, leaves the company, or goes on extended leave, the legal hold might become ineffective. Enforcing compliance will become even more difficult in a geographically dispersed organization. To deal with this, the legal team can work alongside the HR department to get employee status change information immediately.

Unresponsive Custodians

Dealing with unresponsive custodians can be frustrating. But, it is an almost unavoidable part of the legal hold process. It is important to remember that custodians are regular employees with day-to-day responsibilities, and they might not be invested in the legal affairs of the company. There are certain practices to improve the compliance rates, including simple notifications, a consistent reminder schedule, and escalation notices.

Using Automated Litigation Hold Software

Using automated litigation hold software like Casepoint eDiscovery will make the legal hold process more efficient and empower you to issue notices with pre-approved language and multiple custodians. With its direct and seamless collection of data and documents, you will be able to reduce risk and save time.

The legal hold process is associated with legal defensibility. But, the truth is that it affects everyone. On one hand, there is the legal team distributing hold notices and tracking compliance, and on the other hand, there are business leaders receiving the legal holds and working on preserving potentially relevant information. There are a lot of parts involved in this process which opens it up for mistakes. Having a powerful platform like Casepoint eDiscovery that offers end-to-end Legal Discovery with AI can help you create, as well as manage, your legal holds. It facilitates secure and defensible data collections allowing you to take action quickly and have a strong defense.