Litigation

Preserving Evidence During a Litigation Hold Part 2

There are various ways to safeguard your business from a litigation. You can ensure you are licensed, have your contracts drafted by a Miami construction litigation attorney, and meet OSHA compliance. You can even take great strides to deliver high-quality work in every construction project you undertake. Yet, we know that regardless of your preparation in these areas, sometimes disputes still happen. If someone threatens to sue you, are you fully prepared to handle a litigation?

Our Miami construction litigation attorneys hope this two-part article has provided you with more insight into litigation holds. If you have not read part one, be sure to do so.

What Type of Evidence Should You Preserve?

Litigation hold notices should be in writing and state the reason for the hold along with clear instructions on what types of paper and electronic documents should be retained. Think about where your information is stored and who has access. Data should be retained from the following sources:

  • E-mail
  • Network shares
  • Mobile devices
  • Databases
  • Social Networks
  • Local storage (i.e., laptop and desktop hard drives, external hard drives, thumb drive)

Are You Prepared to Defend?

Be sure you are prepared to defend your preservation efforts by creating documentation that outlines the steps taken to preserve data. Be sure that none of the data is altered and consider employing a third-party vendor or software to collect the data to maintain integrity. Continuous communication with your attorney is essential. If there is any question as to what should be preserved, you should consult with a Miami construction litigation attorney before deleting anything. Document preservation should be continued until you are told otherwise by your attorney.

If you would like to speak with a construction litigation attorney in Miami, please contact us at 954.210.8735, or submit our contact request form.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

Have A Legal Question? Request A Consultation Today