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Special Report on e-Discovery: Defensible Legal Hold Process

By Deborah A. Johnson

If the road to hell is paved with good intentions, then the road to legal sanctions can be paved with intentions to show good faith. That's particularly true when it comes to implementing a legal hold process. Companies with lawsuits on the horizon must be extremely careful with the technology they use and the processes they follow regarding e-discovery in order to avoid sanctions and maintain defensibility.

Some in-house counsel may comfort themselves with the idea that they can issue a legal hold notification and present it to a judge with as a showing of good faith. As companies are finding, however, these actions alone merely establish an intention to have custodians preserve potentially relevant information. Unfortunately, intentions are irrelevant.

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