The critical importance of a well drafted Legal Hold Notice

Published:Monday 01.15.18 | Created by:Johnny Petersen



Creating and distributing a legal hold notice can involve a lot of time and cost. Carrying out the legal hold process in full compliance with discovery rules and case laws can be challenging.  Fortunately, people who are responsible for the legal hold process can get a big help with the use of technology.

In this article, you will learn about the importance of the legal hold notice, what needs to be included in the notice, and how our solution can help lawyers, paralegals, and e-discovery managers in assisting with the cumbersome legal process.



Importance of a Legal Hold Notice


A legal hold notice is issued by the legal team to individual or key personnel of a company facing an actual or possible litigation. The notice directs them not to destroy, delete, modify, or remove any document whether in hard copy or electronic format. This notice is served to avoid ‘spoliation’ of the evidence. In other words, the notice is served to ensure that the documents relevant to a litigation case are not willfully or inadvertently destroyed.


The legal notice should be served during the initial stages of a litigation process. Failure to issue the notice can result in the destruction of important records and data that could have been used in supporting a claim or defense. In addition, the court may impose sanctions, ranging from ruling against your claim to paying hefty legal fees to the adversary.



What’s Included in a Legal Hold Notice?


No specific legal requirements exist for a legal hold notice. Having said that, an effective legal hold notice should:


·     Clearly communicate to the relevant personnel about the need to preserve the documents.

·     Convey to the parties that they need to suspend their routine document management cycle to preserve documentary evidence.

·     Explain the legal necessity for the action.

·    Contain the name, date, and other particular information regarding the underlying litigation case.

·    Contain information about the type of documents that must be preserved, giving examples if possible.



The legal hold notice should reinforce that the duty to preserve is an ongoing responsibility until the case is resolved.  The notice should also contain contact information of the legal team so that the custodians can get in touch if they require additional information.




How Can LegalHoldMAN Help You in Fulfilling Your Legal Obligation?


Managing the process of legal hold is certainly daunting. But when a proper, defensible process and technology is in place, it can become seamless and easy.

Our LegalHoldMAN can help you fulfill your legal obligations regarding the legal hold notice. The software can streamline the process of managing legal hold notice. It can serve as an invaluable tool during a litigation process.

LegalHoldMAN offers a solution which allows the responsible person to create hold/questionnaire orders within seconds and send off the hold emails to the relevant individuals. With our legal hold software, you can:


·       Create and distribute legal hold notice and questionnaires

·       Set automated tracking of activities.

·       Find out who has already been sent a legal hold or questionnaire

·       Determine who has acknowledged the legal hold and who needs to receive a reminder

·       View who has answered the questionnaire


You will be able to see everything on the dashboards such as who has done what and who needs to receive a reminder. Also, using the bulk send legal hold notices, you can send the notices to multiple individuals with just a click of the button.


At the end of the day, LegalHoldMAN will ensure your company is doing best effort in order to inform your client’s key employees about their duties while there is an investigation! Every action will be automatically added to the chain of custody report. This eliminates the risk of compromising a litigation case through the loss of precious data. Our software will guide you from the start till the end of the litigation process to act in the best interest of your company.



For more information about LegalHoldMAN, contact us at Our customer friendly staff will provide you detailed insights regarding the software. You can also watch the video below to know more about our product.