Can routine disposition of records continue while a litigation hold is in place, and how do I scope the hold so it doesn't freeze everything?

A litigation hold does not have to freeze your entire records program. The hold suspends routine disposition only for the records that are relevant to a reasonably anticipated or pending matter. Everything outside that scope can continue to follow its normal retention schedule, including scheduled destruction.

Routine Disposition Can Continue — Within Limits

The general principle in US civil litigation is that a party must preserve relevant information once litigation is reasonably anticipated. A documented, good-faith disposition program that runs consistently for unrelated records is generally defensible; routine, schedule-driven destruction is treated differently from selective or post-trigger deletion of relevant material. The key is that the hold carves out the relevant subset, and routine disposition proceeds only for records that fall outside it.

Be careful with two things:

• Timing of the trigger. Once a duty to preserve attaches, you cannot rely on a retention schedule to dispose of records that have become relevant.
• Automated deletion. Suspend auto-purge rules (for example, email or system retention scripts) for in-scope custodians and repositories so relevant data is not destroyed in the ordinary course.

Scoping the Hold So It Does Not Freeze Everything

Aim for a targeted, defensible scope rather than a blanket freeze:

1. Define the matter. Identify the subject, relevant time period, and the claims or issues that drive relevance.
2. Identify custodians and sources. Limit the hold to the people, systems, and repositories likely to hold relevant records — not the whole organization.
3. Scope by relevance, not convenience. Preserve categories of records tied to the issues; release sources clearly unrelated to the matter.
4. Communicate and document. Issue a written hold notice, track acknowledgments, and record your scoping decisions and the basis for them.
5. Reassess and release. Update scope as the matter develops, and lift the hold promptly when the obligation ends so normal disposition can resume.

Over-preservation carries its own costs — storage, review burden, and privacy exposure — so a well-scoped hold serves both defensibility and efficiency.

Important Caveats

Preservation duties, sanctions standards, and procedures vary by jurisdiction (federal versus state courts, and other countries). Coordinate scope and timing with counsel, and treat this as general guidance rather than legal advice.

For related concepts, see e-discovery.