Companies must communicate directly with custodians possibly possessing relevant information. Today, custodians can literally be every individual within an organization, with sources spread across the company's information network and geographical locations. However, defining the scope of relevant participants and information is dependent upon the nature of the legal action and the organization's Information Management initiatives. This “taken in context” defines the level of action employed by the client and counsel.
An established and managed preservation plan allows companies and counsel to:

• Promptly inform all relevant custodians and sources.
• Relay explicit preservation obligations.
• Suspend detrimental (standard) business retention and destruction policies.
• Lay a formidable “good-faith” foundation.

Establish and Validate Procedures

Business's dependence on digital data and the legal system's increasing awareness of electronic evidence, direct establishment of data preservation and Legal Hold protocols.
Compliance imposes specific responsibilities, compelling a joint team-effort that:

• Combines the expertise and capabilities of the company
• Implements sound process and procedure
• Includes counsel's validation and continued involvement

Hold Activation or “Trigger”

Triggering a legal hold, an often hotly debated topic, is Counsel's responsibility. Activating a company's preservation obligation requires the knowledge, experience and judgment of legal counsel.

Considerations

Attorney-Client Privilege – Expect to produce notification content and reports to the court. You may be required to validate the steps taken to preserve responsive information. The notification's content should remain objective, do not include opinion or commentary on the validity or other aspects of the case .

Establish reasonable notification and preservation measures, legal hold methods should mesh with a company's normal operations and culture, minimizing disruptions.

Executive management must lead the charge, employees listen when the boss speaks.

Target notifications – plan on issuing both general and function specific Legal Holds.