Duty to Preserve and Legal Hold Process (On-Demand)

General Credits:
Original Date Of Course:



Course Description

This course provides an overview of the common law duty to preserve evidence and the process of developing and implementing a legal hold. The presenters will share tips for recognizing and complying with the duty to preserve and explore the consequences of failing to preserve information that is relevant in a lawsuit or investigation. The course focuses on essential practice information for litigators but will also be useful to transactional attorneys and business advisors whose clients may become obligated to preserve documents and information.


  1. The Duty to Preserve
    • Overview of the common law duty to preserve evidence
    • When does the duty to preserve attach?
      • Triggers of the duty to preserve
      • Good faith and reasonableness standard
      • Factors courts may consider when determining whether a party was obligated to preserve evidence
    • What should be preserved?
      • Determining what information is subject to the duty
      • Proportionality and Federal Civil Rule 26
  2. The Legal Hold Process
    • What is a legal hold?
    • When should a legal hold be issued?
    • How is a legal hold implemented?
    • The role of counsel
    • Spoliation – the consequence of non-compliance


Marguerite E. Zinz, Esq. and Brandi L. Doniere, Esq.


Credit Details

Course Type

Course Instructor

Brandi L. Doniere, Esq., Marguerite E. Zinz, Esq.

Original Date Of Course

General Credits