Chapter 1 - FORM 1-22 : CLIENT LETTER—PRESERVATION OF EVIDENCE

• Jurisdiction: Colorado

Form 1-22: Client Letter—Preservation of Evidence

[date]

*Attorney-Client Privileged Communication*

VIA E-MAIL (OR FACSIMILE)

[client's name]
[client's address]

Re: Preservation of Evidence

Dear [client's name]:

This letter is a follow-up to our [choose one: meeting OR telephone conversation] regarding potential litigation or claims. As we discussed, it is important to ensure that any relevant paper and electronic records be preserved. We would appreciate your help in assuring that such evidence is preserved.

The items to be preserved include all types of physical evidence, documents, and electronic data. It is essential that you do not destroy, alter, or erase any documents, paper, files, electronic data, e-mails, recordings, voice mail recordings, computer files and calendars related to [subject of possible claims or defenses], whether on paper, your servers, personal computers, mobile phones or PDAs, or stored on your behalf by third-party document service providers. Normal document destruction policies should be suspended to the extent that their application might result in the destruction of documents relevant to [subject of possible claims or defenses].

This request includes any documents that are even remotely related to the subject matter of [subject of possible claims or defenses]. Do not attempt to determine yourself whether a document is relevant to [subject of possible claims or defenses], as it is possible that such documents may be subject to discovery by the other party or prove to be evidence in the case.

Under applicable law, the destruction of evidence, whether intentional or inadvertent, can result in serious penalties imposed by the court, and could impair our ability to [choose one: defend OR prosecute] allegations and claims made in any potential lawsuit. The failure to preserve documents may constitute spoliation (destruction) of evidence and could potentially subject [client's name] to claims for damages and/or evidentiary and monetary sanctions that could materially damage the [name of client]'s position in any lawsuit.

Of special importance is the preservation of electronic discovery. Due to the nature of backup systems, it is possible that electronic data may be lost. The continued operation of the...