In the first 48 hours, preserve relevant documents, avoid reactive written communications, identify decision-makers, review contracts and deadlines, and define the business objective. Early legal review can help protect evidence and negotiation leverage.
This article provides general information and is not legal advice. The right approach depends on the facts, documents, and law applicable to a particular matter.
Preserve what matters
Once litigation is reasonably anticipated, relevant documents and electronically stored information should be preserved. Informal deletion practices can create avoidable problems later.
Control communications
Internal emails written in frustration can become evidence. Centralize communications, identify who is responsible for decisions, and involve counsel early enough to protect strategy where privilege applies.
Map the commercial objective
The legal claim is not always the real objective. Decide whether the priority is payment, performance, an exit, confidentiality, speed, or preserving a relationship. Strategy should follow that objective.
Frequently asked questions
Should employees stop deleting emails?
If litigation is reasonably anticipated, relevant information may need to be preserved. Counsel can help define an appropriate preservation process.
Should we send a demand letter immediately?
Not necessarily. A demand should be timed to the evidence, contract terms, objectives, and likely response rather than sent reflexively.