Jim Smith and Margaret Wimberly have raised the issue of creating a litigation hold policy.

At the risk of being the old stick in the mud, you had better hold your horses.  The litigation hold policy is the responsibility of the General Counsel, Tax counsel and/or litigation counsel.  Unless you have been asked by one of these people to develop a policy, suggest a very cautious approach may be in order.

Records departments typically do not have control over what is or isn't defined to be included in a hold.  In fact, there are many situations where the legal department does not issue a formal hold, even though there may be litigation or another event that would normally generate a lit hold.  

Records departments do not have the authority to cancel a litigation hold.  
 
Typically records department do not have authority to place information on hold, that usually is the responsibility of the record or process owner.

I guess I am saying that if you plan on writing one of these things and if the General Counsel insists that this should be your task, then get joined at the hip with an attorney and vet everything, and I mean everything, through her.

Tom Owens
RIM 

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