Custodian Interviews: Asking the Important Questions

Woman Advocate, Fall 2015


A custodian interview is a necessary, but often undervalued, initial step in any litigation. It involves asking your own client where and how files are stored (electronically and in hard copy) and how many potentially responsive documents there may be. If done correctly, it not only ensures that you collect all potentially responsive documents—and perhaps that “smoking gun”—but also acts as a solid defense against attacks on the sufficiency of your document collection. For those reasons, custodian interviews must be robust, detailed, and well documented.

  • sign up for our newsletter

    To keep our clients and friends updated on the latest legal news, Richards Layton distributes practice area e-alerts and newsletters. If you are interested in receiving these publications, please subscribe below.