Legal Holds Are the Gateway to EDiscovery

In an article by Lauren Burnside of Mitratech, the author discusses how legal teams today face an ever-expanding universe of digital information, which raises the stakes for impending litigation and regulatory scrutiny. EDiscovery is at the center of modern legal response strategies, and legal holds are the gateway.

EDiscovery is the identification, preservation, collection, review, and production of electronically stored information. Defensibility underpins every step of the process, providing proof that data was managed correctly and consistently, in a manner that can withstand scrutiny.

The first step in the process is the legal hold, a freeze order requiring custodians and systems to suspend routine data deletion to safeguard potential evidence. Without a defensible legal hold process, the entire eDiscovery lifecycle risks being compromised through accidental spoliation, weakened defensibility, and potential court sanctions.

Managing this process has grown increasingly complex. Large organizations contend with hundreds or thousands of custodians, and data is scattered across cloud platforms and messaging tools, with overlapping global privacy obligations. Courts expect detailed records demonstrating timely action, acknowledgement tracking, and consistent follow-through. At the same time, emerging data types, global expansion, and budget pressures are increasing the importance of scalable workflows and automation, prompting teams to adopt smarter technologies and repeatable processes.

Burnside reports that best practices emphasize early action, clear communication with custodians, robust acknowledgement tracking, and strong audit trails. Although legal holds act as the gateway to eDiscovery, they must be lifted promptly once matters conclude to avoid unnecessary retention risks. When integrated thoughtfully, legal holds strengthen the eDiscovery lifecycle, supporting compliance, reducing exposure, and reinforcing trust in digital evidence.