legal-hold

/legal-hold

1. If --status(no slug): read the matter log, produce a portfolio-wide legal hold report.
2. Otherwise: load ~/.claude/plugins/config/claude-for-legal-zh/litigation-legal/matters/[slug]/matter.md + log line.
3. Load ~/.claude/plugins/config/claude-for-legal-zh/litigation-legal/CLAUDE.md → confidentiality markers, legal hold notice templates.
4. Route by marker:
   • --issue: obtain scope, custodians, date range, systems. Draft legal hold notice. Update legal hold fields.
   • --refresh: obtain scope/custodian changes. Draft next version. Flag departed custodians.
   • --release: obtain release date, retention instructions. Draft release notice.
5. Confirm before writing.

---

Legal Hold Notice

Purpose

Legal hold is a critical step in Chinese civil litigation. Unlike the discovery system under U.S. law, the core legal bases for legal hold under Chinese law are:

• Article 81 of the Civil Procedure Law: Where evidence may be destroyed or difficult to obtain later, a party may, during litigation, apply to the people's court for preservation of evidence, and the people's court may also take preservation measures on its own initiative.[法条原文]
• Articles 94-99 of the Judicial Interpretation of the Civil Procedure Law: procedural provisions on evidence preservation.[法条原文]

In addition, parties have an internal obligation to take measures to prevent relevant evidence from being destroyed or lost in response to known or foreseeable litigation—otherwise they may bear the consequences of failure of proof.

Mode

• --issue — first issuance
• --refresh — periodic update confirmation
• --release — release hold
• --status — cross-matter portfolio report

--issue — first issuance

Input:

1. Scope—types of documents, data, communications
2. Custodians—designated persons who may hold relevant materials
3. Date range—from when preservation begins
4. Systems—email, instant messaging, file sharing, devices, etc.
5. Urgency—if a complaint or attorney letter has been received, issue immediately

Draft the legal hold notice using the internal template.

Send gate (closing note in the draft):

This is a draft legal hold notice for attorney review, not a notice that may be sent. Issuing a legal hold notice initiates preservation obligations, and the notice itself may be obtained as evidence in subsequent proceedings. A licensed attorney must review, approve, and issue it. Do not distribute an unreviewed draft.

--refresh — periodic update

Update frequency: default 6 months. Scope changes and custodian additions or removals require re-confirmation.

Departed custodians: If a custodian has departed, flag it as a legal hold action item—departed employees' files and emails must be preserved at the IT level.

--release — release hold

Usually at the end of a matter. Confirm the matter has indeed ended (not on appeal, not likely to restart).

--status — cross-matter portfolio report

Read the matter log, produce a report:

# 证据保全状态 —— [今天]

## 活跃保全

| 案件 | 发出日期 | 最后更新 | 下次更新 | 保管人 | 状态 |
|---|---|---|---|---|---|

## ⚠️ 注意

- **更新逾期：** [列表]
- **30天内需更新：** [列表]
- **活跃案件中保全未发出：** [列表]
- **已结案但保全仍活跃：** [列表——考虑解除]

What this skill does not do

• Enforce holds. It issues notifications; IT/custodian executes preservation.
• Scope at own discretion. The skill suggests scope from case context; user confirms.
• Send notification. Draft .docx; user sends per internal practice.