Litigation Strategy and Case Evaluation
Strategy and Planning
The strategy addresses trigger identification, scope determination, custodian notification, source suspension, compliance monitoring, and release. It applies across the organization rather than matter by matter.
Consistency across matters supports defensibility.
Alternative Names:
Preservation Strategy|Hold Strategy
Why it Matters?
Trigger identification is where organizations most often fail, since the obligation attaches on reasonable anticipation rather than on filing, and internal escalation processes frequently do not surface potential claims to legal early enough. Documented criteria for when anticipation is reasonable, applied consistently, is what defends the timing later. Over-preservation is also costly and should be managed through disciplined release.
Frequently Confused with
Related terms
Frequently asked questions
Where do organizations most often fail?
What defends the timing later?
