Letter to Client Regarding Spoliation of Evidence
[Date]
[Name and address of client]
Re: [style of case]
[Salutation]
I am writing to inform you of your duty to preserve and protect from loss or destruction all material and relevant evidence, including text messages, emails, voicemails, videos, recordings, pictures, and social media information, whether the loss or destruction is intentional or negligent through the normal use of your computer or other electronic devices.
You are required to preserve all material and relevant evidence even if it may have been your usual practice before the litigation to routinely delete such information. If, before you received this notice, you routinely deleted any such information, please immediately cease all such practices.
If you suffer a hardware loss or failure that results in the loss or destruction of material and relevant evidence, please let my office know immediately so that we can promptly take the appropriate actions, including notifying the court and opposing counsel. This applies to any cell phone, computer, tablet, or other electronic devices that may be lost or stolen. If you decide to replace your cell phone, computer, tablet, or other electronic device, please do not return or discard your old device. You will need to preserve the old device until the case is resolved.
Please speak with me before you delete or dispose of any data or documents. The penalties that the court can impose on you for what the court deems to be the intentional or negligent destruction of material and relevant evidence can be severe. This includes the court’s potentially prohibiting you from presenting certain evidence, deciding issues without any input from you, or making you pay to replicate the lost evidence.
Thank you for your attention to this matter.
Sincerely yours,
[Name of attorney]