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Preparing for counsel

Build a map of the project’s records.

A working inventory of where information lives, without sending the files in an initial inquiry.

Agreements and entity structure

List the names and locations of offering materials, subscription documents, operating or partnership agreements and amendments that you know about. Note the associated entity and the person who maintains each record.

Project operations and communications

Identify the systems used for project reports, investor communications, property-management records and financing communications. Record who administers those systems and which outside professionals may hold related material.

Create an index, not a merits narrative

  • Record category and relevant entity
  • Location or system where the material is maintained
  • Person responsible for that source
  • Known gaps or access questions to discuss with counsel

Bring preservation and access questions to counsel

Ask counsel how existing retention settings, changing access, messages and devices should be handled. This organizational checklist is not a legal-hold instruction or a complete document-preservation plan.