florida bar how long must attorney keep old case files

How long should an attorney keep a client's files?

 · * Length of time files are held is less material than contents of a file. There is no Florida Bar rule requiring retention greater than six years following the conclusion of the matter. * To forestall potential problems, at the time of engagement attorneys should explain the file retention policy and retention period.

What is the retention period for a Florida Bar file?

 · There is no Florida Bar rule that requires a retention period of greater than six years following the conclusion of the matter. 2. Authority to dispose of a file should be obtained from a client whenever possible, so a diligent attempt should be made to contact all clients and determine their wishes, 3.

When does a lawyer have to hold original documents?

 · Unfortunately, the State of Florida and the Florida Bar don't have specific rules on how long client files should be kept (except in the case of contracts related to personal injury settlements). (There are some federal laws that require files to be kept, like in IRS and bankruptcy cases, but that doesn't sound like it applies to you.) The Florida Bar does say that it's wise to …

How long should I keep my court records?

 · The Florida Bar has no official guidelines for retention and destruction in place that apply to all files (other than regulations stipulating that trust accounting records, …

How long do lawyers have to keep their files?

ten full yearsWhat are you required to keep? Law firms are required to keep all prescribed financial records for a minimum of ten full years, in a format that is retrievable on demand (Rule 119.35(1)). Only those parts of client files which are required to support the prescribed financial records must be retained (Rule 119.34(6)).

What is the purpose of law firm document retention and destruction policy?

A formal, written RMP provides clear direction to law firm staff about how records should be created and maintained, how long they should be kept, how they should be destroyed, and who should oversee the process.

What kinds of files do law firms maintain?

Law firms generate and maintain huge volumes of records. Most legal records are legal case files called "matters." Litigation work is the most prolific of all legal files, and it is not uncommon for a single matter to generate several boxes of files.

How long do attorneys have to keep files in CA?

five yearsThe five-year period is drawn by analogy to rule 4-100(B)(3), Rules of Professional Conduct, requiring that attorneys preserve for five years records and accountings of funds, securities, and other properties of clients coming into their possession.

How long do I have to keep client records?

Some suggest keeping correspondence and working papers for seven years, and keeping a permanent file if needed. Other members say they keep all of their client records going back as far as two decades, by scanning documents and destroying paper copies after two years.

What is a document retention notice?

Accordingly, a document retention policy should include a routine notification to employees to keep all original documents on the company's servers and to delete all old copies of the files from their work or home computers.

Are emails part of client file?

The client is entitled to documents that the lawyer filed, sent, or received in connection with the representation—e.g., pleadings, letters, e-mails, executed instruments, discovery or evidentiary exhibits, investigative and expert reports for which the client paid, and other materials “exposed to the public light” ...

What is the best way to organize legal documents?

A Few Simple Steps To Organize Legal Documents FastStep 1 – Declutter Your Intake. ... Step 2 – Find All of Your Paperwork – Legal and Otherwise. ... Step 3 – Gather The Necessary Materials. ... Step 5 – Get Rid of Unnecessary Clutter. ... Step 6 – Organize The “File” Pile. ... Step 7 – Organize Your “Keep Close” Pile.More items...•

How do law firms organize files?

6 Steps to Better Document Management for Small Law FirmsIdentify Your Firm's Key Documents. ... Create Digital Templates For Your Key Documents. ... Allow Clients To Provide Digital Signatures. ... Establish Centralized Digital Records For Each Client. ... Organize Everything With Software.More items...

Are bank records destroyed after 7 years?

Bank Secrecy Act: Documents must be retained for 5 years under the BSA/AML requirements. Each type of document has specific instructions with this act: All CTRs and SARs must be retained 5 years after filing. Records of every cashier and other official check of $3,000 or more must be stored for 5 years after issuance.

How long does an attorney have to keep client files in Texas?

5 yearsRule 15.10 of the Texas Rules of Disciplinary Procedure requires that trust account records must be retained for 5 years, and Texas Rule of Civil Procedure 76a considers certain settlement agreements and discovery materials to be court records that must not be destroyed.

How long does an attorney have to keep client files in Illinois?

seven yearsRule 1.15(a) of the Illinois Rules of Professional Conduct requires an attorney to maintain client trust account records for a period of seven years after the representation has ended. Some authors advocate waiting ten years before destroying files.

How long do you have to keep a Florida bar record?

1. Length of time. files are held is less material than contents of a file. There is no Florida Bar rule that requires a retention period of greater than six years following the conclusion of the matter. 2.

How long do records of account funds and other property stay in Florida?

. . ” and “records of account funds and other property shall be preserved for a period of six years after termination of the representation.” Arguably, any original papers belonging to a client could be classified as other property.”

Do client provided tax records belong to the client?

Client-provided tax records, expense statements, bank records, and so forth belong to the client, as do important originals, such as trust documents or deeds, Once the attorney has determined what category a given document falls into, the attorney can deal with the document. Any documents in the file that belong to the client should be returned.

What should a closing policy specify?

Finally, the policy should specify the length of time the remaining material will be kept, as well as where materials will be stored.

Can a lawyer keep everything forever?

At some point ethical rules, professionalism, and good common sense come together to state that a lawyer can’t keep everything forever. This conclusion leads us to the prospective nature of this article, Does a small firm need to have a written policy in place for retention and destruction of files? Of course. Any firm, no matter how small or with how few clients, needs to dispose of closed files in a systematic and ethical fashion.

What should a lawyer preserve?

8. A lawyer should preserve, perhaps for an extended time, an index or identification of the files that the lawyer has destroyed or disposed of.

What should a lawyer do when disposing of a file?

6. In disposing of a file, a lawyer should protect the confidentiality of the contents.

2 attorney answers

Unfortunately, the State of Florida and the Florida Bar don't have specific rules on how long client files should be kept (except in the case of contracts related to personal injury settlements).

Brent Allan Rose

You have no idea at this point if anything is missing, right? Go pick up your file. If there are concerns, ask the attorney. When files are about to be destroyed, notice is given, and it looks like you did receive notice and plan to pick up the file.

How long do you keep a closed file in Florida?

The Florida Bar has no official guidelines for retention and destruction in place that apply to all files (other than regulations stipulating that trust accounting records, contingency fee agreements and closing statements, and statement of insured client’s rights must be maintained for a minimum of six years). However, we can offer considerable assistance to you in constructing your firm’s policy (First piece of advice: make sure you have one, and that it is in writing). A Model File Retention Policy is available in the Ethics Informational Packet on Closed Files.

How long do you have to keep a copy of the Statement of Insured Client's Rights?

Rule 4-1.8 (j) states that lawyers who are paid by insurance companies to represent insureds must retain a copy of the Statement of Insured Client’s Rights that the lawyer has certified was sent to the client for 6 years after the matter is closed.

How long do you have to keep client trust records?

Rule 5-1.2 (f) states that a lawyer or law firm that receives and disburses client or third-party funds or property must maintain the client trust account records required by this chapter for 6 years subsequent to the final conclusion of each representation in which the trust funds or property were received.

How long do you have to keep a copy of a contingent fee contract?

Rule 4-1.5 (f) (5) requires that lawyers retain copies of executed contingent fee contracts and executed closing statements in contingent fee cases for 6 years after the execution of the closing statement in each contingent fee matter.

What should a lawyer preserve?

A lawyer should preserve an index or identification of the files that the lawyer has destroyed or disposed of. You can attach the dated receipt from the shredding service to the list of destroyed files.

Is it safe to copy a file?

There is no one safe answer that applies to all files, regardless of importance or contents. An attorney has a continuing responsibility for client property that he or she holds, and that extends to original client documents that the attorney may for some reason have in his/her possession. Therefore, unless the attorney is willing to guarantee the safekeeping of these original documents, at the outset of the case, they should be copied and returned to the client, with the attorney retaining copies. All material in files needs to be analyzed for importance and dealt with accordingly. Often at the close of a matter much of what is in the file is duplicated elsewhere (copies of related briefs or opinions) or may simply be “scratch” notes, and this can be destroyed. Material that might be helpful for future research may be copied or moved to a “brief bank” location. The remainder must be analyzed in terms of such things as whether the matter may re-open (when do all applicable statutes of limitation expire?), malpractice, statutory or business reasons for retaining information longer than usual, and so on.

Why do bar associations recommend hanging onto files for the life of the client?

In some fields such as tax and probate, statutes address how long records must be kept. In the criminal law context, bar associations often recommend hanging onto files for the life of the client, because of the possibility of habeas corpus petitions and other post-trial actions. ...

How long do you have to keep a file?

The answer is: it depends on the type of file. State bars have various rules about the minimum amount of time to keep files. The Model Rules suggest at least five years. See Model Rule 1.15 (a). Many states set this requirement at six years, and some set it even further out.

What to do before destroying client files?

Before destroying a client file, make sure an attorney reviews it. Is there any reason why the file should be preserved longer? Are there any original documents in the file, such as contracts, that should be saved?

Do you have to keep legal documents longer?

However, for certain types of legal matters, you must keep the files even longer. These include, among others, issues that deal with:

Do you need to reinvent the wheel when drafting a document retention/destruction policy?

There's no need to reinvent the wheel when drafting a document retention/destruction policy because samples are available online, including from the New York State Bar Association.

Does malpractice insurance look favorably upon firms with file retention policies?

Besides, your malpractice insurance company looks favorably upon firms with file retention policies. It is well worth having a policy, just for a chance of a reduced premium.

Who should be involved in drafting retention policy?

Drafting the retention policy and performing research should be a collaborative process between executive management, records management experts, attorneys, and the firm's IT department.

What happens when a law firm closes a file?

When a file closes, the primary lawyer reviews the file and sets the destruction date. Of course, a situation may arise during the retention period that changes the date. If so, the law firm should have a system in place that identifies when the destruction date changes.

How to store a closed file?

Store a closed file onsite at the law firm or in another location. Either way, maintain confidentiality and security. Encrypt files stored electronically. Have a backup system in place to protect against loss or damage.

Where do paper documents go?

Paper documents go in the paper file folder. Store electronic documents and data in the electronic document or file. The complexity of the case determines the use of folders and subfolders.

Do law firms keep records?

All law firms should maintain a record of every file destroyed or returned to the client. The record should note:

Can a law firm destroy a file?

Never destroy a file or any of its contents if it harms the client's interest. Each case will be different. Remember, the law firm doesn't own the files. Your client owns the files even after the case closes.

What does it mean to not have records?

Not having records can mean a lack of evidence. Imagine appearing in open court to defend your firm without documentation. If you don't save records you risk penalties. Stay aware of federal, state, and local rules governing client record maintenance.

What is file retention?

File retention is a critical issue when a law firm merges, adds or loses partners, or closes. An established retention and destruction policy determines who handles the files.

How long can an attorney keep a copy of a document?

The attorney can keep a copy but State law normally is specific about how long an attorney can keep documents (i.e. 7 years ) before the attorney's copy can be destroyed.

Do you have to hold documents in Michigan?

In Michigan, we need to hold documents indefinitely, however, once notified of the death of a client, any original Will needs to be filed with the probate court, as soon as reasonably possible.#N#If the attorney undertakes to hold onto the clients' original documents, this creates...

How long do you need to keep client property records?

Clearly, under RPC 1.15 client property and financial records must be kept for a minimum of five (5) years following termination of representation. As set forth in Supreme Court Rule 9, section 35 (a) (2), if the file contains trust account records (not maintained elsewhere), financial records of the client, contingent fee disbursement records and documents that the client has provided to the lawyer, five (5) years after termination of representation is required.

How long does a lawyer have to retain a lawyer in Tennessee?

There is no Tennessee Rule of Professional Conduct that requires a retention period of greater than 5 years following the termination of representation; however, the type of representation involved may mandate a longer retention time.

Can a lawyer retain a file as security?

However, when a client cannot afford to pay the legal bill and surrender of the materials is necessary to avoid materially adverse effect to the client, the lawyer cannot retain the file as security. If the lawyer wants to retain a copy of the file, the lawyer must bear the expense of the copy.

Can a lawyer retain a client file?

However, when a client cannot afford to pay the legal bill and surrender of the materials is necessary to avoid materially adverse effect to the client, the lawyer cannot retain the file as security . If the lawyer wants to retain a copy of the file, the lawyer must bear the expense of the copy. See also RPC 1.16 (d) and cmt 9.

How long should a minor's tax file be retained?

Some files should be retained longer. Files pertaining to minors should be retained until their majority and the expiration of any statutes of limitations. Certain tax files should be maintained until the client is no longer exposed to tax liability.

What is a Tort Claims?

Tort claims -. final judgment or dismissal of action; except when a minor is involved, in which event the date of the minor’s reaching majority and expiration of the statute of limitations. Real estate transaction -. settlement date of the transaction, judgment, foreclosure, or other completion of matter. Lease -.

Do lawyers have a duty to preserve files?

Lawyers do not have a general duty to preserve permanently all files for their former clients. D.C. Bar Op. 206 (1989); ABA Informal Op. 1384 (1977). Lawyers have ethical obligations (as well as in some cases legal ones) to preserve client files and to return them or permit access to the client if requested.