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
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.