Having the assistance of an experienced Jacksonville construction lawyer is one of the keys to navigating the intricacies of construction litigation law. In Part 1 of our article, we talked about communicating with employees and avoiding spoliation claims. In this part, we will give you tips to help you handle a litigation hold properly.
Respond to a Litigation Hold the Right Way
To be sure you comply with the discovery rules, you should closely monitor changes in this area of law. It is in the best interest of the company as a whole to put an efficient system in place to help you avoid sanctions and being accused of spoliation. Listed below are good practices and things to keep in mind.
- If there’s a perceived threat of a lawsuit, take it seriously and respond immediately.
- If you do not understand what evidence needs to be preserved ask for specifics, ambiguity will only complicate the process.
- Put the litigation hold policy and procedures in writing and train key persons on how to comply and maintain it.
- Suspend the automatic deletion of electronic documents.
- Establish and communicate who is in charge of the litigation hold.
- Send the litigation memo to those responsible for handling any pertinent documents and identify the begin and end date of the hold.
What If Mistakes are Made?
Mistakes happen for various reasons, but they must be handled properly. If pertinent deadlines are missed or documents are accidentally deleted, for instance, they must be acknowledged and remedied promptly. This can happen if employees do not understand their role or if key persons fail to monitor data consistently during the process. The discovery process can be tedious, however, this is your opportunity to provide evidence that may prove favorable for your case. Complying with the pre-trial process is necessary for protecting your company will help you avoid sanctions.
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.