Legal Hold

/legal-hold

1. If --status (no slug): read _log.yaml, produce portfolio-wide hold report.
2. Otherwise: load ~/.claude/plugins/config/claude-for-legal/litigation-legal/matters/[slug]/matter.md + log row.
3. Load ~/.claude/plugins/config/claude-for-legal/litigation-legal/CLAUDE.md → privilege markings, hold template pointer, escalation norms.
4. Follow the workflow and reference below.
5. Route by flag:
   • --issue: capture scope, custodians, date range, systems. Draft legal-hold-v1.docx. Update legal_hold fields. Append history entry. Set next_refresh (default +6mo).
   • --refresh: capture scope/custodian changes. Draft next version. Update last_refresh + next_refresh. Flag departed custodians.
   • --release: capture release date, retention instruction. Draft release notice. Set released: field.
6. Confirm before writing. Show the user the draft notice and the log diff.

Legal Hold

Purpose

A legal hold is the most mechanical high-stakes document in-house counsel writes. The notice itself is templated. The failure modes are operational: issued too late, scoped too narrowly, never refreshed, never released. This skill owns all four phases: issue → refresh → (release) → track.

The portfolio already flags missing holds; this skill writes them.

Jurisdiction assumption

Preservation duties vary materially by forum. Federal common law (via Zubulake / Residential Funding / Rule 37(e)) differs from state practice; states differ from each other on trigger timing, scope, sanctions, and spoliation remedies; regulatory preservation obligations overlay civil rules in some matters (SEC Rule 17a-4, HIPAA, etc.). The trigger, scope, and sanctions exposure cited in the draft are a starting-point read for the forum named in the matter — confirm with counsel before issuing, refreshing, or releasing.

Load context

• ~/.claude/plugins/config/claude-for-legal/litigation-legal/matters/_log.yaml — log row (legal_hold fields + status)
• ~/.claude/plugins/config/claude-for-legal/litigation-legal/matters/[slug]/matter.md — matter context (counterparty, facts, key custodians from internal_owners)
• ~/.claude/plugins/config/claude-for-legal/litigation-legal/CLAUDE.md — house style for litigation hold template pointer, privilege marking, escalation norms

Conflicts gate — unbypassable. Before issuing, refreshing, or releasing a hold, check _log.yaml for the matter slug. If the matter is not in _log.yaml, refuse and route:

"I don't see [matter slug] in the matter log. Run /litigation-legal:matter-intake first so the conflicts check runs and the matter workspace is set up. I won't issue, refresh, or release a legal hold on a matter that hasn't been intaken — the conflicts check is the gate, and a hold issued against an unmanaged matter has no _log.yaml row to track last_refresh / next_refresh / released against."

Do not proceed on an unintaken matter. Intake is what runs conflicts and writes the _log.yaml row the --refresh / --release / --status flags operate against.

Modes

The command takes a flag: --issue | --refresh | --release | --status. Default (no flag) → prompt.

--issue — first issuance

Required when legal_hold.issued == false and the matter is active or reasonably anticipated.

Before issuing the hold to custodians (the consequential act): Read ## Who's using this in ~/.claude/plugins/config/claude-for-legal/litigation-legal/CLAUDE.md. If the Role is Non-lawyer:

Issuing a legal hold has legal consequences — the scope, custodian list, and timing create the preservation record the company will be judged on if spoliation is argued later. Have you reviewed this with an attorney? If yes, proceed. If no, here's a brief to bring to them:

[Generate a 1-page summary: the matter and trigger, the proposed scope and custodians, the forum-specific preservation rule researched, known spoliation exposure, what could go wrong (too broad / too narrow), what to ask the attorney.]

If you need to find a licensed attorney, solicitor, barrister, or other authorised legal professional in your jurisdiction: your professional regulator's referral service is the fastest starting point (state bar in the US, SRA/Bar Standards Board in England & Wales, Law Society in Scotland/NI/Ireland/Canada/Australia, or your jurisdiction's equivalent).

Do not send the notice without an explicit yes. Drafting and scoping do not require the gate — issuance does.

Research the applicable preservation rule before issuing. Identify the jurisdiction and the source of the preservation duty (common law, rule of civil procedure, regulatory preservation obligation, contractual). Confirm the currently operative trigger standard (when the duty attaches), scope standard (what must be preserved), and sanctions exposure (spoliation doctrine for the forum). Cite primary sources. Note that federal and state law can differ materially on trigger timing, scope, and remedy — flag the forum you're relying on. If uncertain, say so and get outside-counsel sign-off before issuing.

External deliverable: the notice below is sent to custodians. Do NOT include a PRIVILEGED & CONFIDENTIAL — ATTORNEY WORK PRODUCT — PREPARED AT THE DIRECTION OF COUNSEL header on the outgoing notice; use the attorney-client marking in the template. Confirm the correct marking for your jurisdiction and matter.

Inputs:

1. Scope — categories of documents, data, communications. Start specific: contracts with counterparty, all communications referencing [project/subject], related financial records, calendar entries. [SME VERIFY — scope too broad = operational burden; too narrow = spoliation risk]
2. Custodians — named individuals likely to hold responsive material. Pull suggestions from matter.md internal_owners and from common roles (business lead, HR partner if employment, CISO if data). [SME VERIFY — the custodian list is the difference between defensible preservation and a gap argument]
3. Date range — when to start preserving from (usually: triggering event or earlier), through the present + ongoing.
4. Systems — email, Slack/Teams, file shares, devices (including BYOD if applicable), Jira/Asana, CRM, legacy systems.
5. Urgency — if litigation already served or demand received with threat of suit, this goes out today.
6. Effective date — date of the hold.

Draft the notice to each custodian, using the house template in ~/.claude/plugins/config/claude-for-legal/litigation-legal/CLAUDE.md if one is configured; otherwise the default template below.

Default hold notice template:

[PRIVILEGED & CONFIDENTIAL — ATTORNEY-CLIENT COMMUNICATION]

DATE: [effective date]
TO: [custodian name]
FROM: [signer — per `~/.claude/plugins/config/claude-for-legal/litigation-legal/CLAUDE.md` default]
RE: LITIGATION HOLD NOTICE — [matter short name]

You are receiving this notice because [company] has determined that [one-
sentence description of the dispute / investigation, avoiding prejudicial
detail]. The law requires preservation of documents and communications
potentially relevant to this matter.

EFFECTIVE IMMEDIATELY, you must preserve:

1. All documents, emails, text messages, Slack/Teams messages, and other
   communications relating to [scope bullet 1].
2. [scope bullet 2]
3. [scope bullet 3]
...

This preservation obligation applies to:
- Email (including sent, archived, deleted folders)
- Slack/Teams/messaging platforms
- Shared drives and cloud storage
- Personal devices used for company business (BYOD)
- Paper documents
- Voicemails
- Calendar entries and meeting notes

DO NOT:
- Delete, modify, destroy, or dispose of any potentially responsive material
- Auto-delete or "Inbox Zero" any email or messaging

Coordinate with [legal contact] before sharing this notice with direct reports
or IT.

Direct questions about this notice or your preservation obligations to [legal
contact]. You may continue to discuss the underlying business subject matter
with colleagues as needed for your work, but do not discuss this legal notice,
the litigation, or legal strategy.

IF YOU ARE UNSURE whether something is covered, ERR ON THE SIDE OF PRESERVING.

Please acknowledge receipt of this notice by [reply / link / form] within
three business days. If you have questions, contact [signer email].

This notice remains in effect until you receive written notice of its
release. You may be asked to reaffirm compliance at periodic intervals.

[Signer signature block]

Send gate (closing note on the draft): Append to the in-chat preview of the notice — stripped before the notice goes to custodians:

This is a draft legal hold notice for attorney review, not a notice ready to issue. Issuing a hold triggers preservation obligations the company will be judged on in any later spoliation argument, and the notice itself may be discoverable. A licensed attorney reviews, approves, and issues. Do not distribute this draft unreviewed.

Writes:

• ~/.claude/plugins/config/claude-for-legal/litigation-legal/matters/[slug]/legal-hold-v1.docx via the docx skill
• Appends to ~/.claude/plugins/config/claude-for-legal/litigation-legal/matters/[slug]/history.md:

  ## [YYYY-MM-DD] — Legal hold issued
  
  Hold issued to [N] custodians: [list].
  Scope: [one-line summary].
  Next refresh: [YYYY-MM-DD (default issued + 6 months)].

• Updates _log.yaml row:

  legal_hold:
    issued: true
    issued_date: [YYYY-MM-DD]
    scope: "[one-line summary]"
    custodians: [list]
    last_refresh: [YYYY-MM-DD]   # same as issued_date on first issuance
    next_refresh: [YYYY-MM-DD]   # default: issued_date + 6 months
    released: null