What to do if…
you receive a request at work to preserve emails and documents for a legal hold
Short answer
Immediately stop deleting or changing any potentially related emails, chats, texts, and documents, then follow the hold notice and ask IT/legal to apply a technical litigation hold so routine deletion doesn’t occur.
Do not do these things
- Do not delete emails, chats, texts, files, drafts, or calendar items related to the matter (even if they seem unimportant).
- Do not “clean up” by renaming, re-saving, backdating, editing, or consolidating files (it can change metadata and create suspicion/confusion).
- Do not move work material to personal email, personal cloud storage, or a USB drive.
- Do not forward the hold notice broadly or discuss details in large group chats.
- Do not decide on your own what is “relevant enough” to keep—preserve first.
- Do not assume backups mean you’re covered; retention settings can still delete content unless a hold is in place.
What to do now
-
Stop any deletion right now (including auto-deletion habits).
Don’t empty Trash/Deleted Items, don’t clear chat histories, don’t delete old versions, and don’t wipe call/text logs if they relate to the matter. -
Freeze any “auto-cleanup” you control.
Pause mailbox cleanup rules, auto-archive, scripts that purge folders, or routines that wipe downloads/temp folders—until IT confirms what’s allowed under the hold. -
Open the hold notice and capture the essentials (privately).
Write down:- matter name/reference
- time period
- topics/people/projects
- systems covered (email, Teams/Slack, SharePoint/OneDrive, Google Drive/Chat, local drives, phones, paper)
- who to contact with questions
-
Acknowledge receipt promptly and ask for two clarifications if needed.
Ask:- what data sources are in scope for you, and
- whether IT will apply a platform hold (so preservation doesn’t rely on manual behavior).
-
Ask specifically how the technical hold will be implemented in your environment.
You are not asking to do it yourself—just to ensure it exists. Examples you can name if relevant: a Microsoft 365/Purview eDiscovery hold, or a Google Vault hold that overrides retention/deletion for the accounts/spaces/drives in scope. -
Flag anything that could be routinely deleted or wiped.
Tell IT/legal today if any apply: mailbox quotas that force deletions, short chat retention, planned device replacement, offboarding steps, shared folders with deletion schedules, or project tools with “auto-delete after X days”. -
List likely locations of relevant information (without exporting/collecting).
Make a quick inventory: Outlook/Gmail folders, Teams/Slack/Chat DMs, shared drives, SharePoint sites, OneDrive/Google Drive, local folders, notes apps used for work, work phone messages, paper notebooks. Share the inventory only with the designated contact if they ask. -
If any work on this topic touched personal devices or personal accounts, disclose it—don’t move it.
Example: “Some client texts were on my personal phone.” Don’t self-export, screenshot, or forward anything unless legal/IT gives the approved method (privacy, policy, and chain-of-custody issues can apply).
What can wait
- You do not need to decide what the case is “about” or who is right—your job is preservation.
- You do not need to start producing documents to anyone unless the official process requests it.
- You do not need to write a full narrative statement unless HR/legal asks you to.
- You do not need to contact outside parties yourself unless instructed by counsel/HR.
Important reassurance
A legal hold often goes to many people and can be routine when litigation, a government inquiry, or an internal investigation is possible. The safest response is consistent and simple: don’t delete, don’t edit, don’t move data off-system, and route questions through the official contact.
Scope note
This is first-steps-only guidance to prevent accidental deletion or irreversible mistakes. Your employer’s legal/HR/IT teams may have specific instructions based on your systems and role.
Important note
This guide is general information, not legal advice. If you’re unsure about scope, personal-device involvement, or what counts as “changing” a record, ask the designated legal/HR/IT contact before taking any action that alters, moves, or deletes data.
Additional Resources
- https://www.uscourts.gov/sites/default/files/2025-02/federal-rules-of-civil-procedure-dec-1-2024_0.pdf
- https://www.law.cornell.edu/rules/frcp/rule_37
- https://learn.microsoft.com/en-us/purview/edisc-hold-create
- https://support.google.com/vault/answer/3374023
- https://support.google.com/vault/answer/3374023?hl=en