Litigation Hold Strategy

Litigation Hold Strategy

Litigation Hold Strategy

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 asked questions

Where do organizations most often fail?

Where do organizations most often fail?

Trigger identification, since the obligation attaches on reasonable anticipation and escalation processes surface claims late.

What defends the timing later?

What defends the timing later?

Documented criteria for reasonable anticipation applied consistently across matters.