4 ms·

"From a legal perspective, purging emails can lead to accusations of "spoliation of evidence," [2] which in some circumstances can lead to the judge instructing

"From a legal perspective, purging emails can lead to accusations of "spoliation of evidence," [2] which in some circumstances can lead to the judge instructing the jury that the jurors can presume that what you destroyed was harmful to your case." What if there was a policy to delete all email older than some cut-off age, e.g. 2 years? Would that assumption still be made?

dctoedt 12y ago
> What if there was a policy to delete all email older than some cut-off age, e.g. 2 years? Would that assumption still be made? You'd have to talk to a lawyer about the specific facts and circumstances, but in general: 1. If you didn't have reason to anticipate litigation when you implemented the policy, it normally shouldn't be a problem; 2. Once you do have reason to anticipate litigation, you're supposed to suspend any such policy and preserve evidence; [1] 3. If a dispute looks as though it's likely to turn into a lawsuit, your adversary's lawyer likely will send you a "litigation hold" letter reminding you of the duty to preserve evidence. In situations 2 and 3, continuing with an automatic purging routine can get you in trouble. [1] http://en.wikipedia.org/wiki/Legal_hold http://en.wikipedia.org/wiki/Legal_hold