What This Tool Does
This generator produces a generic structural template for a preservation / litigation-hold letter, populated with information you supply. It is built directly from the structural template documented on the spoliation-duty doctrine page.
The duty to preserve attaches when a party reasonably anticipates litigation or a disciplinary action. A written preservation letter establishes the date of notice, specifies the scope of materials to be preserved, and creates the documentary foundation for any subsequent adverse inference claim. See the spoliation-duty page for the full doctrinal framework.
Educational use only — this is not legal advice. The generated text is a generic structural template. It does not analyze your situation, does not address jurisdiction-specific spoliation doctrine, and does not substitute for the judgment of a licensed attorney. Before sending, consider consulting a licensed attorney about whether and how a preservation letter fits your circumstances. No attorney-client relationship is created by use of this tool.
Privacy: Everything happens in your browser. Nothing you type is transmitted to any server. The generator runs entirely on the page; no fields are saved, sent, or logged.
Your Information
As it should appear on the letterhead and signature line.
Optional. If you are a corporate principal sending on behalf of an entity, include role here (e.g., "Principal of [Entity Name]"). Leave blank for individual matters.
One line per address line.
Entity (Optional)
If the underlying representation was of a corporate entity (LLC, corporation, partnership, sole proprietorship operating under a business name), enter the entity name. Leave blank if the matter is individual.
Recipient Firm
Each attorney whose conduct relates to the matter, one per line. Each receives the letter individually so that each has a personal preservation duty. Include withdrawn attorneys; withdrawal does not terminate preservation obligations.
Underlying Matter
Defaults to today. Change if you intend to send on a different date.
Live Letter Preview
Before You Send
This is a template, not legal advice. The generator produces generic structural language. Spoliation doctrine varies across jurisdictions (federal vs. state, civil vs. disciplinary). Consider consulting a licensed attorney before sending, especially if litigation is imminent or if the matter is unusual.
Recommended steps
- Read the doctrine page — the spoliation-duty page explains when the preservation duty attaches, what categories of records to list, and what consequences attach to post-notice destruction.
- Review the generated letter for fit. Add or remove categories under "Scope of Materials" if your matter has unusual record types. Adjust language for your jurisdiction.
- Send by certified mail with return receipt to each individual attorney and to the firm as an entity. Email is acceptable as a supplement; certified mail establishes the date of notice unambiguously.
- Keep proof of mailing. The certified-mail receipt is the key exhibit if records subsequently go missing.
- Consider trustee / opposing-counsel CC in bankruptcy matters. Sending notice to the U.S. Trustee, the case trustee, or opposing counsel — even though they are not the parties holding the records — creates third-party witnesses to the preservation duty.
What this tool does NOT do
- Does not constitute legal advice or create an attorney-client relationship.
- Does not analyze whether a preservation duty has actually attached in your matter.
- Does not address jurisdiction-specific spoliation doctrine, statutes of limitations, or rules of professional conduct in your state.
- Does not send the letter for you. You must print, sign, and mail (or email) it yourself.
- Does not save your inputs. Reload the page and your inputs are gone.
What Happens After You Send
The preservation letter is Stage 1 of the multi-surface accountability methodology described on the accountability roadmap page. Once the letter is delivered, several things happen:
- The duty to preserve attaches on the date of receipt (or earlier, if the firm reasonably anticipated the dispute before the letter was sent).
- Routine destruction policies must be suspended as to materials within the scope of the letter.
- Any post-notice loss of records becomes spoliation, with potential adverse-inference, FRCP 37, and Rule 3.4(a) consequences.
- The firm's duty to surrender the client file under Model Rule 1.16(d) continues independently. See the client file page for details on the file-production obligation.
The compounding feature: The preservation letter converts ordinary records-handling into compound liability. Before notice, a firm that loses records faces (at most) negligent records-management exposure. After notice, the same loss faces FRCP 37 sanctions, common-law spoliation tort exposure, adverse-inference instructions, Rule 3.4(a) and 8.4(d) disciplinary exposure, and (in bankruptcy matters) bankruptcy-court inherent-authority sanctions.
Related resources on bankruptcymalpractice.org:
- Spoliation Duty in Attorney-Client Disputes — the underlying doctrine page (read first)
- Multi-Surface Accountability Roadmap — the broader 5-stage methodology in which this letter is Stage 1
- Why Won't My Bankruptcy Lawyer Give Me My Client File? (Model Rule 1.16(d))
- How to File a BBB Complaint Against Your Attorney
- Bar Complaints: State Disciplinary Procedures
- Fee Disgorgement under Section 329
Authority sources for deeper research
- FRCP 37
Cornell LII — failure to provide or preserve discovery - FRBP 7037
Cornell LII — bankruptcy adversary discovery - Model Rule 3.4 (Fairness to Opposing Party)
ABA — lawyer's duty regarding evidence - Model Rule 1.16 (Termination of Representation)
ABA — file-surrender obligation on termination