Legal hold is a key process for all organizations involved in litigation and regulatory action, you must make sure, all relevant information is preserved. Besides keeping the data, more importantly, you must be able to produce large quantities of this information at relatively short notice. Business disputes, employment matters, personal injury cases are just a few examples of where a good legal hold process is vital. In order to do this, you need effective tools and resources in place to deal with such requests.
We believe our solution is one of the best on the market, to discover, analyze data and ensure legal hold on large amounts of data. Above all, this can be done directly by legal analysts, without micromanagement from the IT team. A win-win for both parties.
This post is part of our Gearing up for Verba 8 series.
Only 6 percent ready for legal hold
Surprisingly a great number of organizations are simply unprepared to respond to litigation and provide the relevant information required and go to court. The US publication ‘Law Practice Today’ ran a survey of more than 100 information technology managers at medium and large American corporations, and ‘only 6 percent said they immediately and confidently can field electronic discovery requests. Fewer than half feel they have IT professionals competent to testify in court regarding electronically stored information (ESI)’. Worrying isn’t it?
And these survey results focus on the IT team. Somehow it seems a legal matter is still a task for IT.
Our domain experts at Verba set out to change that and provide tools directly to the legal and compliance teams, therefore cut down the time and effort.
Advanced Legal Hold needs deep integration
Verba have added Advanced Legal Hold as a first class citizen, a built-in feature of the Verba Recording System. It is not a standalone solution, not something that is loosely coupled with the platform.
Verba Advanced Legal hold touches many aspects of the platform, to provide an integrated and flexible solution:
- access control
- data retention
- search and playback
- manual and automatic marking, labeling and
- speech analytics
…just to name a few.
How does Advanced Legal Hold work?
Many of our customers already used our Protect function to execute legal hold, however the new Advanced Legal Hold provides tools to help analyze and hold large amounts of data quickly and easily.
It is built around the simple concept of labels. Labels can be used to categorize recordings according to any criteria, by anyone in the organization. Legal hold can be turned on any label, for those who have rights to do so. When legal hold is enabled on a label, conversations with that label this cannot be deleted from the system by any user, and also it cannot be deleted by data retention policies, no matter what those policies say.
For security, the label system is integrated with our access control system, label visibility and the visibility of labeled conversations are all configurable by the owner of the label. However, not even the label owner can remove legal hold, in order to do that, other people in the organization must also accept it and they must have relevant system or group supervisor privileges to do so.
Labels can be color coded individually to help navigation. In the screenshot below the label ‘Court 412/2014’ is always shown in red.
Simple rules with powerful results
In order to manage labels, you need special access rights. When a user creates a label in the system, the user can set up its access control:
- specify who can add/remove the label to/from conversations( anyone, select users, select groups)
- specify who can see the labeled conversations (this way you can share a whole set of conversations, e.g. to a paralegal, working temporarily on a case)
Labels can be added in multiple different ways:
- manually manage labels on one specific conversation (add/remove)
- manually add/remove a label to/from all of the conversations of search results (and yes, it does not matter if that is 5 or 500.000, the system does it for you)
- automatically, using sophisticated labeling rules (so you can set the system to automatically hold future conversations based on rules)
The labeling rules define which labels should be added, removed from new conversations. Rules can be based on:
- any of the conversation detail fields (from which party, at what time, etc.)
- speech analytics auto-search results
In this screenshot you can see an example where a conversation, is labeled by the above ‘Court #412/2014’ legal hold label and an automatic label based on a speech analytics rule. The warning message on the top of the screen, shows that the user has tried to delete the conversation but the action was rejected.
If you are interested in Advanced Legal Hold, or you would like to get further information, you can contact one of our experts.