Draft a litigation-hold notice from the claim or investigation

Key facts

Human involvement
YellowClose supervision
How AI is used
Draft the hold from the custodians, systems and date range the lawyer names. Do not decide when the duty to preserve arose and do not name a custodian the lawyer has not listed.
What the lawyer must review
Rule 37(e) applies when electronically stored information that should have been preserved in the anticipation or conduct of litigation is lost because a party failed to take reasonable steps, and it cannot be restored or replaced. The rule is based on the common-law duty; it does not create a new one. Severe measures, including an adverse-inference instruction, require a finding of intent to deprive another party of the information. The lawyer decides the trigger, the custodians and the sources, and reads the notice before it goes out. State-court preservation duties are not Rule 37(e).
Written for / version
United States versionUS

Who does what

Who does what
RoleWhat they do
AssistancePotential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
  2. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

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