# What is a legal hold, and how do you run one?

> **In short:** A legal hold will stop the usual disposal of records that may matter to a claim, an investigation or a request, until it's over. Running one well comes down to deciding exactly what it covers, and making sure everyone who looks after those records knows.

Source: https://unforged.ai/folio/guides/what-is-a-legal-hold | Updated 2026-10-07

## When you'll need one

A hold will be needed when a dispute or an investigation becomes likely, not only once papers are served. A letter before claim, a complaint that mentions a solicitor, a regulator's question or an information request can each be the moment.

If you're not sure whether the moment has come, starting early usually costs far less than explaining later why something went missing.

This guide is general information, not legal advice. Deciding when to start, and what it should cover, is a judgement for you and your advisers.

## Why it matters

In some situations, getting rid of a record once a request is in is an offence, and the law that usually asks you to let personal data go makes room for a dispute:

- Once a Freedom of Information request has been made, it's an offence to alter, erase, destroy or conceal a record a public authority has, with the intention of preventing its disclosure ([Freedom of Information Act 2000, section 77](https://www.legislation.gov.uk/ukpga/2000/36/section/77)).
- The same goes for personal data once someone has made a subject access request ([Data Protection Act 2018, section 173](https://www.legislation.gov.uk/ukpga/2018/12/section/173)).
- The right to erasure doesn't apply where processing is necessary for the establishment, exercise or defence of legal claims ([UK GDPR, Article 17(3)(e)](https://www.legislation.gov.uk/eur/2016/679/article/17)).

## Step by step

1. Write down what it's for: the claim, complaint or request, and the date it started.
2. Decide what it covers. Name the matters, clients, people, folders and date ranges, and if in doubt include more rather than less.
3. Tell the custodians, the people who look after those records, in writing, and ask each of them to confirm they've read it.
4. Pause anything that would get rid of the records automatically, such as a retention schedule, an inbox clean-up or backups that are overwritten.
5. Look at it again every few months, and add anything new that comes into scope.
6. When it's over, say so in writing, and only then let the normal schedule start again.

## Getting the scope right

Scope is usually the hard part. If it's too narrow, something relevant can go in a routine clear-out, and if it's too wide you end up with personal data you'd otherwise have let go.

Scoping by the unit you already file by, such as a matter, a client, a person or a case, is usually easier to explain and to check than scoping by keyword.

Think about where the records actually are, too. Email, shared drives, chat, paper files in a cupboard and the systems your team uses every day can all be in scope.

## Lifting it

When the dispute is settled or the request answered, write down that it's over, and tell the custodians.

Records that passed the end of their period in the meantime will then be due to go, so check that nothing else still needs them first.

## How folio will help

In [folio](https://unforged.ai/folio/product), you'll be able to place a hold on one record, a folder, a matter or everything about one person.

While it's in place, nothing it covers will be disposed of, deleted early or moved, and records filed into it later will be covered too.

Releasing a hold will take two people, each with a reason, and every hold and release will go in your ledger.

folio will keep the records safe through the dispute. Deciding what's relevant, and the litigation itself, will stay with you and your advisers.

## Sources

- [Freedom of Information Act 2000, section 77](https://www.legislation.gov.uk/ukpga/2000/36/section/77)
- [Data Protection Act 2018, section 173](https://www.legislation.gov.uk/ukpga/2018/12/section/173)
- [UK GDPR, Article 17](https://www.legislation.gov.uk/eur/2016/679/article/17)

This guide is general information, not legal advice. The figures come from the legislation linked above as it stood when we last checked it, and how long you keep each kind of record is your professional judgement.

## Related

- [How holds and approvals will work](https://unforged.ai/folio/docs/holds-and-approvals)
- [folio for law firms](https://unforged.ai/folio/use-cases/law-firms)
- [Answering an audit request](https://unforged.ai/folio/guides/answering-an-audit-request)