Solution to the Duties of

Counsel and Clients to Immediately Preserve

Potentially Relevant Electronically Stored Information




  • It is counsel’s duty to advise and guide clients to preserve potentially relevant evidence
  • Paper files are simple, but forensically-sound preservation of Electronically Stored Information presents new challenges to lawyers and their clients.
  • Courts require that Metadata in Electronically Stored Information be preserved.
  • Insufficient preservation effort creates risk to counsel and client of loss of data, inability to authenticate data, or court findings of spoliation of evidence.
  • Parties and their counsel are not usually equipped or competent to preserve data and metadata in a forensically-sound manner.
  • Even if possible, selecting documents for copying is not safe or advisable.
  • Selecting all relevant materials at the earliest stage of dispute is difficult and risky.
  • Locating all data required is difficult and time consuming, with high risk of omitting important data.
  • Client’s continued use of live data will affect metadata, compromising and complicating later efforts to capture data missed during the first copying efforts.

E-discovery vendors are often expensive

  • Clients are resistant to huge investment in expensive data mining, particularly at the beginning of a case.
  • Often there is no need to pay for extensive review services at the outset of a dispute.

The Litlock Solution:  quick, inexpensive capture of the client’s entire data sets

  • An independent service preserves data, without the expense and complications of e-discovery services and review.
  • Duties of counsel and parties to preserve electronically stored information are discharged quickly, with minimal expense and trouble.
  • Data is available for client and counsel, as needed.
  • Counsel can use working copies for review or production, independently or through counsel’s choice of vendor.
  • Client can return to using its data normally.

The Litlock Method

  • Brief survey to client to identify data locations.
  • Counsel and client direct what data sources should be captured.
  • Litlocksm technicians go to client’s location with equipment required to capture entire drive contents.
  • Only data sources identified and selected by clients and counsel are captured.
  • Minimal interruption of client’s business routines.
  • Captured data is replicated to two working copies.
  • Captured image of client data can be delivered to counsel or client, or can be securely stored using available Litlockersm service.
  • Client and counsel have working copy available for searching or production.
  • Working copies of data are available for e-discovery services if needed.
  • Client and counsel can return to business as usual.

The Litlocker Solution:  Inexpensive short or long-term secure storage of the client’s data

  • Captured client data is securely stored in vaults with 24/7 security, and access restricted to authorized Litlockersm service providers.
  • Upon authorized request, client data is made available for use by counsel or client for court, deposition, expert review or discovery.
  • When no longer needed, client data can be returned as a backup, or securely destroyed.



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