A policy that deletes on schedule is good practice, until the moment it is not.
Esshaki Legal Media TeamCurrent as of July 2023
A retention policy sets how long records are kept and when they are destroyed. It
reduces storage cost, limits the discovery burden, and is entirely defensible —
provided two things are true.
It is applied consistently. Selective destruction, or a policy honored only
when convenient, is worse than none. It invites the argument that deletion was
purposeful.
It stops on a hold. The moment litigation is reasonably anticipated,
automated deletion must be suspended for the affected material. This is a
technical step, not an instruction to staff: email expiry, messaging platform
retention, backup rotation and device-retirement processes each have to be
paused by someone with administrative access. Nearly every serious spoliation
finding involves a policy that continued running after the duty attached.
What a good policy covers: categories of record with retention periods tied
to legal and regulatory requirements rather than to habit; the systems each
category lives in, including messaging platforms and personal devices used for
work; who owns the process; and the hold procedure with named responsibility for
executing it.
What to avoid: periods so short they conflict with statutory retention
obligations; a policy that exists on paper while systems retain everything
forever, which produces the discovery burden without the benefit; and a hold
process that depends on one person remembering.