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If a court determined that someone was intentionally leaving voicemails so that their messages would get destroyed while their company was subject to a legal ho
by bastawhiz 2y ago
If a court determined that someone was intentionally leaving voicemails so that their messages would get destroyed while their company was subject to a legal hold, that would be illegal. I think pretty generally, courts are sympathetic that humans are human, but they're decidedly unsympathetic to malintent.
- paulddraper 2y agoBut if someone were leaving voicemails for just the purpose of communicating?
- bastawhiz 2y agoIt would depend. If the voicemails were pertinent to the ongoing litigation, the counsel for the party responsible for the legal hold might be required to ensure those voicemails are retained. The legal hold isn't "preserve anything that's convenient to retain". If they can't be retained, they shouldn't be left, and it's the job of the legal team to make sure that's conveyed.