The Ethics Question You Should Be Asking About Your Preservation Strategy

ABA Comment 8 doesn't require you to build a forensic preservation system. It does require you to know whether your workflow silently loses evidence — and to say so.

ABA Comment 8 doesn't require you to build a forensic preservation system. It does require you to know whether your workflow silently loses evidence — and to say so.

Rule 37(e) requires "reasonable steps" to preserve ESI. When evidence lives in Teams, Slack, and SharePoint, preservation steps designed for email may be structurally incomplete — even when they execute correctly.