Litigation Hold Notice Drafter
As soon as litigation is pending or reasonably anticipated, to get a clear preservation notice to the right custodians quickly and start a record of who received it and when.
Once litigation is reasonably anticipated, the duty to preserve relevant information generally attaches, and a litigation hold notice is how most organizations meet it. The notice has to reach the right people quickly, tell them in plain terms what to keep and where it lives, and stop automatic deletion. Failures to preserve can lead to sanctions, and the most common gaps are modern ones: chat tools, text messages and personal phones used for work.
This prompt gives Claude the matter facts, the custodian list and the systems in use, then asks for four pieces: a one-to-two-page plain-language notice to custodians, a companion notice to IT and records staff, a custodian tracking table for acknowledgments, reminders and interviews, and a reminder template. The notice stays neutral on the merits, overrides normal retention practices until released, and asks for acknowledgment by a set date. Claude also flags custodians or data sources that look incomplete.
When the duty to preserve arose, what scope is reasonable, and what steps are required are legal judgments that depend on the facts and the governing law. In federal court, FRCP 37(e) addresses what happens when electronically stored information that should have been preserved is lost because reasonable steps were not taken. The notice is only one part of a defensible preservation process that also includes IT steps, custodian interviews and follow-up. Review the draft and the process with counsel before relying on them.
The Prompt
I am [ROLE, e.g., in-house counsel / outside counsel] for [ORGANIZATION]. We need a litigation hold notice for [MATTER DESCRIPTION, e.g., a former employee's threatened wage claim]. The duty to preserve was likely triggered on [DATE AND EVENT]. <matter_facts> [BRIEF FACTS: PARTIES, ISSUES, KEY EVENTS, RELEVANT DATE RANGE] </matter_facts> <custodians> [NAMES, TITLES, DEPARTMENTS, AND WHY EACH MAY HAVE RELEVANT INFORMATION] </custodians> <systems> [EMAIL PLATFORM, CHAT TOOLS, SHARED DRIVES, PHONES (COMPANY AND PERSONAL USED FOR WORK), HR OR CRM SYSTEMS, PAPER FILES, KNOWN AUTO-DELETE OR RETENTION SETTINGS] </systems> Draft: 1. A plain-language hold notice to custodians (one to two pages). Include: what the matter is about in neutral terms; the date range; the specific types of information and where they are kept; a clear instruction not to delete, alter or discard; instructions to turn off auto-delete settings they control (and that IT will handle system-level settings); a statement that the hold overrides normal retention practices until released in writing; who to contact with questions; and an acknowledgment request due [DATE]. Do not comment on the merits or admit anything. 2. A short companion notice to IT and records staff listing system-level steps to confirm. 3. A custodian tracking table: Custodian | Title | Data sources | Notice sent | Acknowledged | Reminder dates ([CADENCE, e.g., quarterly]) | Interview done | Notes. 4. A brief reminder notice template. Flag any custodian or data source in my notes that seems incomplete, and any category (such as texts on personal phones or ephemeral messaging) that needs a specific plan. This is a draft for attorney review; preservation obligations depend on [JURISDICTION] and the facts.
Example Output
A plain-language hold notice for custodians, a companion notice to IT, a custodian tracking table and a reminder template, with flags for incomplete custodian lists or hard-to-preserve data sources.
Illustrative example — names, figures, and facts are fictional.
LITIGATION HOLD NOTICE (DRAFT) To: Listed custodians | From: Legal Department, Corvane Robotics, Inc. (fictional) Re: Preservation of documents: J. Whitcombe employment matter Date: [DATE] Corvane has received a letter from counsel for a former employee, Jordan Whitcombe, raising claims about wages and job classification. You are receiving this notice because you may have information relevant to that matter. This is not an accusation against you. What to keep: All documents and data from January 1, 2023 to the present about Mr. Whitcombe's job duties, schedule, hours, pay, classification, performance or separation. This includes email, chat messages, text messages (including on personal phones if used for work), calendar entries, timesheets, spreadsheets, notes and paper files. What to do now: - Do not delete, alter or discard any of this information, even if a normal policy would allow it. - If you have auto-delete turned on for chat or texts, turn it off. IT will handle company-wide settings. - This notice overrides normal retention practices until Legal releases it in writing. Please confirm you have read this notice by replying "Acknowledged" by [DATE]. Questions: [CONTACT NAME, EMAIL]. IT COMPANION NOTICE (EXCERPT) Suspend mailbox deletion for the listed custodians; confirm retention settings in the chat platform; preserve Mr. Whitcombe's former mailbox and laptop image. CUSTODIAN TRACKING TABLE Dana Ruiz | Ops Manager | Email, chat, personal phone | [DATE] | Pending | Quarterly | No | Uses personal phone for shift texts Marcus Lee | Payroll Lead | Email, payroll system | [DATE] | Pending | Quarterly | No | FLAGS - The notes do not say who supervised Mr. Whitcombe before June 2024. Add that person. - Shift scheduling app is mentioned but not named; confirm its retention settings. All names and facts are fictional and illustrative.
Tips
- •Send the notice fast. A clear notice today is worth more than a perfect one next month; you can issue a supplemental notice as the custodian list grows.
- •List chat and messaging tools by name in the systems block. Text messages and ephemeral messaging are the most commonly missed sources.
- •Keep the matter description neutral; hold notices can be requested in discovery, so avoid commentary on the merits.
- •Use the tracking table to log acknowledgments and reminders; follow up personally with anyone who does not acknowledge.
- •The notice is a draft for attorney review. Confirm the preservation duty under your jurisdiction's law, and in federal court review FRCP 37(e), which governs remedies when electronically stored information that should have been preserved is lost. Verify any authority you add.
Frequently Asked Questions
When should a litigation hold notice go out?
Generally once litigation is pending or reasonably anticipated, which can be before any lawsuit is filed, for example when a demand letter or agency charge arrives. The exact trigger is a legal judgment that depends on the facts and the governing law. The prompt asks you to state the triggering date and event so the notice and tracking start from a documented point.
Who should receive the notice?
Anyone likely to have relevant information, including the key actors, their managers, support staff, and the IT and records personnel who control systems. Departed employees' accounts and devices also need attention. The prompt asks Claude to flag gaps in your custodian list, but deciding who is in scope is your call, and the list often grows after interviews.
Is a hold notice enough to meet preservation duties?
Usually not by itself. A defensible process typically also includes IT steps to suspend deletion, custodian interviews to identify sources, periodic reminders and a written release when the matter ends. The tracking table and IT notice support those steps. Confirm what is required in your jurisdiction; in federal court, FRCP 37(e) sets the remedies when ESI is lost because reasonable preservation steps were not taken.
Will the hold notice be discoverable?
It may be. Courts differ on whether hold notices are protected, and they are sometimes produced when preservation is disputed. That is why the prompt keeps the matter description neutral and avoids commentary on the merits. Write the notice assuming the other side and the court may read it someday.
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