What Is a Litigation Hold?

A litigation hold is a formal instruction to preserve information that may be relevant to a legal matter. It applies to emails, files, chats, and other electronically stored information across every relevant source. The hold stays in force until the matter ends and the organization lifts it.

People often ask about litigation hold vs legal hold, and the two terms are used interchangeably. Where a distinction is drawn, a litigation hold is prompted by litigation, while a legal hold can also cover investigations. In practice, most teams treat them as the same thing.

What Does the Litigation Hold Process Involve?

The litigation hold process runs across the full life of a matter, not a single step. It usually follows a clear set of litigation hold procedures that a team can repeat. Each step has a distinct purpose in protecting relevant evidence.

• Identify the custodians and data sources that hold relevant information.
• Suspend automatic deletion and retention policies on those systems.
• Issue the hold and track custodian acknowledgments.
• Release the hold in writing once the matter closes.

The final step matters as much as the first. Releasing a hold promptly and in writing prevents needless data buildup and keeps the process defensible. A documented release also shows the court a disciplined, repeatable method.

What Is a Litigation Hold Letter?

A litigation hold letter is the notice that tells custodians to preserve specific information. It is the document that puts the hold into effect and creates a record of it. Sometimes called a hold notice, the letter works only when people read and follow it.

A defensible litigation hold letter spells out the details custodians need to act on. It identifies the matter, sets the date range, and lists the data types and sources to preserve, from email and chat to shared drives and devices. It states clearly what must not be deleted, and it asks each custodian to acknowledge receipt so the organization can prove the hold reached them. 

Why a Litigation Hold Policy Matters

A litigation hold policy is a standing plan for how an organization issues and manages holds. It names who can trigger a hold, how fast it must go out, and which custodians and systems it should reach. It also sets the hold letter template and the schedule for reminders and releases. That groundwork lets a team act within hours once litigation becomes likely.

A clear policy also drives consistency and defensibility. When every hold follows the same litigation hold procedures, courts see a disciplined and repeatable method. Without a policy, holds get issued late or missed for some custodians, which raises the risk of spoliation

Key Takeaways

• A litigation hold preserves relevant information once litigation is reasonably anticipated.
• Litigation hold and legal hold are used interchangeably, though legal hold can be broader.
• A litigation hold letter is the notice that puts the hold in effect and records it.
• The litigation hold process runs from identifying custodians through releasing the hold in writing.
• A standing litigation hold policy makes holds faster, consistent, and more defensible.

Venio Legal Hold lets teams issue litigation holds in minutes, automate custodian reminders, track every acknowledgment, and build an audit-ready record that holds up under scrutiny. Book a demo to see it on your own data. 

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Frequently Asked Questions

What is a litigation hold?

‍A litigation hold is a process that requires preserving information relevant to a legal matter. It suspends routine deletion once litigation is reasonably anticipated. The goal is to keep evidence intact and available for discovery.

What is a litigation hold letter?

‍A litigation hold letter is the notice that instructs custodians to preserve specific information. It names the matter, states what to keep, and asks for confirmation. The letter both triggers the hold and documents it.

What is the difference between a litigation hold and a legal hold?

‍There is usually no difference, and the terms are used interchangeably. Where one is drawn, a litigation hold is tied to litigation, while a legal hold can also cover investigations and audits. Most teams use the phrases to mean the same thing.

When does a litigation hold begin?

‍A litigation hold should begin as soon as litigation is reasonably anticipated. That can be before a lawsuit is filed, on a demand letter or credible threat. Acting early preserves volatile data and reduces spoliation risk.

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