Did you hear there’s a new Dr. Seuss book?
It’s true! It’s true! Go take a look!.
His manuscript had been presumed to be lost,
But it was there all along; it had never been tossed.
It was found in a box (though not with a fox),
In a drawer in his house (that was home to a mouse).
The book wasn’t labeled or filed with care,
You couldn’t find if you looked up here or down there.
It’s a good thing the Doctor wasn’t named in a suit,
or the subject of a claim or a subpoena, to boot.
For if he had been, he would have had an obligation,
To take concrete steps to ensure preservation.
So, to be clear, when must you preserve?
Is it enough to wait til a lawsuit is served?
Oh no! You must act long before that!
To avoid a big mess (like a certain hat-wearing Cat).
As soon as you reasonably anticipate litigation,
The duty kicks in to prevent spoliation.
Then you must send out notice to all Jills and all Jacks,
Who have relevant documents, knowledge or facts.
And ensure that you preserve not just emails and paper,
But stop the deletion of your backup taper.
And unlike Seuss’s pages, so loosely piled,
You should collect client docs and carefully file.
Don’t count on your clients to do this, you see,
They might misplace them like Seuss (not to mention Harper Lee).
(For as much as I like the style of his meter,
Seuss’s filing habits could have been neater.)
Though it’s 20 years now since Seuss dearly departed,
We can still learn a lot from the lessons he imparted.
So for helping us lawyers stay out of a jam,
Thank you, thank you, Sam I Am.