Start with a solid legal form letter to draft your effective and complete "litigation hold' letter demand to preserve electronic data, including the metadata. The start of the litigation only occurs once. Say what you mean, Now!
#ELEC3321. Litigation Hold Letter to Adverse Attorney. A form demand letter demand to preserve evidence, including, and not limited to, electronically stored information and metadata, to send to the adverse attorney, as soon as litigation is imminent.
The Lawyer Trial Forms litigation hold letter form is a solid three page form letter with electronic, e-data, and other evidence preservation demands to your adversary attorney. It's also designed to see that your litigation hold letter will be a prime piece of your evidence in a sanctions motion hearing if your adversary does not preserve possible evidence.
Following are the three basic facts why you need this Litigation Hold Letter to Adverse Attorney to prevent a failure on your side of the case:
The first fact is that in today's world most documents and data are electronic, so failure to preserve destroys evidence as the computer overwrites data and meta data! Over 95% of correspondence and data is stored electronically, not in file cabinets. That is true of the average individual with a computer in their home, as well as of every business. Most external and internal correspondence is either e-mail or it is written on a computer, and the sender's copy is kept electronically. Most business data, vital in not only liability issues, but also in damages issues, is only stored electronically. Some of your client's evidence --- to help your client --- is probably in electronically stored information in the adversary's computers. If the evidence your adversary possesses - right now, it is not preserved, you won't have it for your side of the case.
The second basic fact is that many persons, businesses, and lawyers do not understand that mere operation of a computer may innocently destroy e-data and meta data. Unless instructed by a proper demand letter, even an honest adversary and an honest lawyer that you trust may destroy your evidence! You have to be specific to get action from the other side.
The third basic fact is that unless you issued a proper "litigation hold" demand letter, the trial court may not look kindly on a sanctions motion by you after the adversary has overwritten or destroyed electronically stored information. "You did not ask for it to be preserved, counsel", is not a pleasant remark from the bench (nor would you want your client to hear the judge say that to you)!
In short, whether you are plaintiff or defendant counsel, you need ready in hand, case after case, a solid litigation hold demand letter to send to your adversary.
Litigation Hold Letter to Adversary Attorney prevents mistakes when you make your initial demand. Mistakes are not limited to novice lawyers. All too common mistakes have been made by senior lawyers.
You do not have to be one of those lawyers!
Litigation Hold Letter to Adversary Attorney is available to you for only $24.
There is obvious time and money saving in starting your work with a good legal form. If Litigation Hold Letter to Adversary Attorney saves you just a quarter hour of time - ever - it will have paid for itself. But this form will save you much more time than a quarter hour. You cannot draft "from scratch" this form in that short a time. Attorneys who are using this system right now save valuable hours every year.
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