CounselLink Answer Center for Clients

Creating and Managing Legal Holds

  • Updated

This article covers the following:

Creating Custodians

Custodians are individuals assigned to a Legal Hold. They receive email notifications instructing them to preserve relevant records.

Custodians must exist as Contacts in LexisNexis® CounselLink®. 

Custodian Requirements

To be assigned to a Legal Hold, a custodian must:

  • Appear in the Contacts list with Active status

  • Have a valid email address

  • Have an employment status of Current or Terminated

Before creating a new contact, search to confirm the contact does not already exist:

  1. Go to All Pages > Contacts.

  2. Search for the individual.

  3. Confirm required fields are complete.

There are different options for creating custodians (see this topic for more information):

Method Description
Create a Contact Add an individual custodian.
Import Contacts Bulk upload custodians using a template.
Create a Contact Group Group frequently used custodians for easier assignment.

Creating a Legal Hold

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  1. Begin by clicking the Create Legal Hold button in one of the following places:

    • The Legal Holds Panel on the homepage.

    • The Legal Holds tab on a Matter.

    • The top of the Legal Hold Search page.

    The Create Legal Hold page displays.

  2. Complete the fields. Fields with an asterisk (*) are required.

    Field Description
    Legal Hold Title* Enter a title (does not need to match the Matter title).
    Opened Date Select the start date of the hold.
    Litigation Type Choose from available options.
    Associated Matter Search and select a related Matter (optional depending on configuration).
    Contact Office* Choose which location is the primary source for contact about the hold.
    Legal Hold Contact* Identify the legal hold contact assigned to this hold.
    Allow Matter Staff to Access Hold Do you want Matter Staff to be able to view?
  3. Click Save.

Legal Hold Overview Page

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The Legal Hold Overview page displays all hold-related information and actions.

Top Section Actions

The top section contains Legal Hold information. You can also create a new legal hold or view the change log in the QuickLinks side panel.

Button Description
Edit Modify hold details.
Release Release the entire hold.
Export Download hold information (.xls).

 

Bottom Tabs

Tab Description
All Displays all tabs in expandable format.
Notifications Create, edit, and track notifications.
Custodians Assign, release, import, or export custodians.
Resources View users with access to the hold.
Documents Upload or view hold-related documents.
Notes Add internal notes.
History View activity log and events.

Creating Legal Hold Notifications

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Notifications inform custodians of their obligation to preserve records.

The initial notification is sent only once when custodians are assigned.

  1. Click the Notifications tab on the Legal Hold Overview page.

  2. Click Create Notification.

    The first page of the Create Notification section displays.

  3. Complete the fields. Fields with a red asterisk are required.

    Field/Action Description
    1. Copy Duplicate the notification contents from another hold. This option displays a search window where you can search for the Legal Hold name or ID.
    2. Preview Provides a view of the text to be sent out.
    3. Email Subject* Enter a subject line for the email.
    4. Email Body* Enter the text for the email. A link to the custodian acknowledgement page and instructions will be added to the email.
    5. Email Importance Set the value of the email flag for recipients.
  4. Click Next. The Configure Reminder Settings page displays.

  5. Enter information for the email reminders. 

    Click 'Next' to skip this section.

    Field/Action Description
    1. Legal Hold  Reminds custodians hold is ongoing.
    2. Acknowledgement Sent to custodians who have not acknowledged.
    3. Document Preservation Sent if preservation confirmation incomplete.
    4. Send Reminder Choose the frequency for reminders: daily, weekly or monthly.
    5. Start Date Click the calendar icon to select the date for the first reminder email. If you copied the notification from another hold, verify the start date.
  6. Click Next.

  7. Fill out the fields. Fields with a red asterisk are required.

    Field/Action Description
    1. Acknowledgement Instructions* Provide information for the custodian.
    2. Acknowledgement Attach a document for the custodian to read while at the acknowledgement page.
    3. Custodian List Settings Choose Yes to allow custodians to see the names of the others. 
    4. Add a Question Add a survey question.
    5. Edit Click Edit to modify an existing question.
    6. Delete Click Delete to delete an existing question.
    7. Preview Preview the survey questions as the custodian will see them.
  8. Optional: Click Next. The Add Custodians and Send Email page displays.
  9. Optional: Click Add to add additional custodians.
  10. Optional: Click Save for Later to save the notification as a draft and return to it later.
  11. Click Send. 

Assigning Custodians to a Legal Hold

A custodian on a legal hold must be added as a Contact or a Contact Group. The contact must be active.

  1. Click the Custodians tab on the Legal Hold Overview page.

  2. Click Assign.

    The Assign Custodian window displays.

  3. Enter a name in the search field, or click Search to view all Contacts.

    If you select a Contact Group, the contacts in the group will be assigned individually.

  4. Place a check mark next to the contact(s) or Contact Group(s).
  5. Click Assign.

Creating Legal Hold Email Settings

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Configure the email template for notifications. The custom header and footer appear on all custodian emals.

You must have the Legal Hold Admin role at the Corporate level to perform this task.

  1. Click Legal Hold Email Settings in the QuickLinks panel on the Corporate Profile page or the Administration panel of the homepage. The Legal Hold Email Settings page displays.

  2. Select the Enable Client Email Settings.
  3. In the Email Header box, type the header.
  4. In the Email Footer box, type the footer.
  5. Click Save.

Editing Unsent Reminder Emails

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Perform this task if the initial notice has been sent, even if no one has acknowledged.

  1. Perform a search for the hold. 
  2. Click the link to the active notification in the Notifications tab.

  3. Click Edit under the Reminder Settings.

    Option Description
    Reminder Text Remind custodian the hold is still in effect.
    Acknowledgement remind custodian the initial email still needs to be acknowledged.
    Document Preservation Remind custodian that records still need to be retained.
    Send Reminder Choose the frequency for reminders: daily, weekly or monthly.
    Start Date Click the calendar icon to select the date for the first reminder email to be sent.
  4. Click Save.

Viewing the Details of a Sent Notification

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Once the initial notification has been sent, you can view its details.

  1. Click the Notifications tab.

  2. Click the active notification link in the Type column.

    The Notification Overview page displays.

  3. Choose from the different tabs to view information on the notification.
  4. Optional: Click Edit to modify text in the Reminder Settings if they have not been sent.
  5. Optional: Click Resend at the top of the page to resend to all of the custodians.

Adding Resources to a Legal Hold

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Resources are users with access to view the hold.

  1. Click the Resources tab on the Legal Hold Overview page.

  2. Click Add. The Select Resource window displays.

  3. Place a check mark next to the user(s).
  4. Click Add.

Accepting an Acknowledgement for a Custodian

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Sometimes a custodian is unable to respond to an acknowledgement, but you have received communication from them outside of CounselLink. In this case, a Legal Hold Admin can record the acknowledgement.

  1. Click the Custodians tab on the Legal Hold Overview page.

  2. Click the link in the Status column for the custodian.

  3. Click the Notifications tab.
  4. Click the notification.

  5. Click Acknowledge.

  6. Fill out the information on the Acknowledgement page.
  7. Click Submit.

Releasing a Legal Hold

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A hold can be released only after the initial notice has been sent. This is true even if no custodian has acknowledged. A release email will be sent to all remaining custodians on the hold.

  1. Click the Release button on the Legal Hold Overview page.

    The Send Release Email window displays.

  2. Enter the email subject and body text. Include the name of the hold from which they have been released.
  3. Click Send. 

A confirmation status displays at the top of the page.

Releasing Custodians from a Legal Hold

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When a matter is resolved, custodians can be released. You can send a notification from CounselLink to inform them.

  1. Click the Custodians tab on the Legal Hold Overview page.
  2. Select the custodian(s) to be released.

  3. Click Release. The Send Release Email window displays.

  4. Enter the email subject and body text. Include the name of the hold from which they have been released.
  5. Click Send .

The Contact Status field in the Contact Information section now shows "Released".

Deleting a Legal Hold

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Legal Holds can be deleted only if notifications have not been sent. Once notices are sent, the hold can only be released, not deleted.

  1. Perform a search for legal hold(s).
  2. On the Search Results page, click the checkbox for every hold to be removed.
  3. Click Delete.
  4. Click OK at the confirmation pop-up to complete this task.