What Causes Lawyers to Over-Preserve?

http://ow.ly/9dJxW

An article by Craig Ball posted on law.com on the LTN webpage.

The article discusses proportionality and the need to preserve potentially relevant data when litigation is reasonably anticipated.

The article states, "Proportionality in preservation isn't something you get down at the courthouse. Proportionality begins at home.It begins by understanding the mechanics of preservation, helping you select the most cost-effective approaches and manage risk."  The article then outlines several ways to approach preservation obligations, including the "Do Nothing" approach.

The article further states, "It's time we change the maxim from "preserve broadly" to "preserve carefully." Many preservation efforts are thoughtless and mechanical, designed by those loath to turn a discriminating eye to the task. While no approach to email preservation is wholly without risk or cost, knowing your options helps you to "right size" the approach.



TAKEWAYS

• There are multiple ways to balance risk and cost when preserving email.
• Proportionality begins at home; that is, proportional preservation is up to you.
• Saving everything eliminates one risk, but introduces others.
• Three things can happen when using custodial-directed hold — and two of them are bad.
• Custodial-directed hold should be a part of most legal holds, but not the only part.
• Microsoft Exchange Server 2010 better supports mail preservation for litigation.
• "Preserve broadly" is safe, but expensive. "Preserve carefully" is safe and cost-effective."