Issuing and Managing a Legal Hold

Step 1: Access eDiscovery in Microsoft Purview

  1. Go to compliance.microsoft.com.
  2. In the left panel, select eDiscovery > Core.
  3. Click + Create a case, enter a case name (e.g., “Smith v. Acme Corp”), and click Save.

⚖️ Legal Tip: Use a clear naming convention with the matter name and year for future tracking.


  1. Open your case and go to the Holds tab.
  2. Click + Create.
  3. Name your hold (e.g., “Smith Hold – Key Custodians”).
  4. Select the users, mailboxes, SharePoint sites, and OneDrive locations to place on hold.
  5. Set search filters if needed (e.g., date range, keywords).

🔍 Compliance Tip: Apply holds broadly to avoid spoliation—narrowing can be refined later during review.


Step 3: Notify Custodians of the Hold

  1. Navigate to Communications in the same case.
  2. Create a new communication with the hold details.
  3. Include required text such as:
    • Summary of the case
    • Instructions not to delete any emails, documents, or files
  4. Select recipients from directory users.
  5. Click Send.

📧 Best Practice: Include links to firm policy and an acknowledgment response form.


Step 4: Monitor Hold Compliance

  1. In your eDiscovery case, go to Holds > View Details.
  2. Check that content locations are indexed and status is “Success.”
  3. Use Audit logs to confirm that no data deletions occurred after the hold was issued.

🛡️ Legal Safeguard: Routinely monitor holds for changes in custodian status (e.g., termination or role change).


  1. Return to the case > Holds > select the hold.
  2. Click Release Hold, enter a reason, and confirm.
  3. Optionally, archive the hold communications.

Retention Tip: Retain the hold history for regulatory or court-requested audits.


Conclusion

Microsoft Purview simplifies the legal hold process by providing integrated tools to identify custodians, issue holds, notify parties, and track compliance. These tools are critical to meeting eDiscovery obligations in litigation and investigations.