how long does an attorney need to keep a client's file before they can be destroyed

by Eliane Schuster Published 2 years ago Updated 1 year ago 10 min read

What contents of a client's file may be destroyed? We have consistently opined that six (6) years is the minimum period of time a lawyer must retain a client's file after the file is closed or after final disposition of the matter.

How long must an attorney keep a former client’s file?

Jan 05, 2017 · A lawyer should take special care to preserve, indefinitely, accurate and complete records of the lawyer’s receipt and disbursement of trust funds. 6. In disposing of a file, a lawyer should protect the confidentiality of the contents. 7. A lawyer should not destroy or dispose of a file without screening it in order to determine that ...

Can a lawyer destroy a client file?

Nov 27, 2019 · 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. However, for certain types of legal matters, you must keep the files even longer.

How often should a law firm destroy its files?

Nov 05, 2018 · If that's not possible, have another lawyer review the files before destruction. Determine if files destruction should continue as planned. If something changed, assess the situation and set a new destruction date. If the firm has files set for permanent retention, review them every 10 years.

What happens if a Lawyer keeps a client's documents?

Feb 28, 2017 · Given these standards, a good rule of thumb is to keep client files for five (5) years following termination of the matter, unless there is a good reason for maintaining the file for a longer period of time. 1 Such a good reason would exist if the file relates to unprescribed claims, to a minor, or if the file contains promissory notes, wills, trusts or similar “original” documents.

When can you destroy client files?

An attorney may elect to destroy client files in a reasonable period after the conclusion of the representation, without notice to the client. The retention period should not commence until the subject matter of the representation has concluded.

How long do client files need to be kept?

five years

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. However, for certain types of legal matters, you must keep the files even longer.Nov 27, 2019

What is a document retention policy?

A document retention policy is also referred to as a records retention policy, records and information management policy, recordkeeping policy, or records maintenance policy. It codifies an organization's expectations for how its data is handled, from creation to destruction.Jul 15, 2021

How long do attorneys have to keep files in CA?

five years

The 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 does an attorney have to keep client files in Texas?

5 years

Rule 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.Jan 18, 2016

How long must an attorney keep client files in Pennsylvania?

Pennsylvania's Rule 1.15 (a) states that complete records of client funds and other property, which includes client files, must be held for five years after termination of the representation.

What is retention and destruction policy?

A document retention and destruction policy identifies the record retention responsibilities of staff, volunteers, board members, and outsiders for maintaining and documenting the storage and destruction of the organization's documents and records.

How long should you keep important documents?

Knowing that, a good rule of thumb is to save any document that verifies information on your tax return—including Forms W-2 and 1099, bank and brokerage statements, tuition payments and charitable donation receipts—for three to seven years.

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.

How long do you have to keep applications on file in California?

one year

Federal law requires employers with 15 or more employees to keep employment applications, resumes and related hiring information and documents for at least one year after creation of the document or the hire/no hire decision, whichever is greater.May 5, 2020

How long keep personnel files California?

3 years

Maintain a copy of each employee's personnel records for no less than 3 years. Make a current employee's personnel records available, and if requested by the employee or representative, provide a copy at the place where the employee reports to work or at another location agreeable to the employer and the requester.Jan 1, 2013

How long should a contractor keep records in California?

Public works project requirements

On federal prevailing wage jobs a contractor is required to retain certified payroll records for 3 years, and the supporting regular payroll records for 7 to 10 years.Oct 17, 2019

Can a lawyer keep client files forever?

No lawyer is bound to keep client files forever. Each case has different needs. Lawyers must consider the following aspects of a case to determine how long to keep a file.

Can you keep every case file for all time?

If you practice law, no doubt you wonder about document storing for closed cases. It doesn't make sense to keep every file from every case for all time. And, it's not smart to treat all case files in the same way.

How to determine destruction date?

Determine the Destruction Date 1 Legal and Regulatory Requirements 2 Client's Need 3 Defend Against Allegations of Professional Negligence or Misconduct 4 Nature of the Matter 5 Clients Under a Disability: Minors and Incapable Persons

Why is retention important?

Protection Against Malpractice Charges. One reason for retention is to protect the firm against allegations of malpractice. It's vital when the case documents are the only evidence available for defense against a claim. This can happen when information from other sources isn't available.

When do documents go to the client?

All documents go to the client at the end of the case, unless the client and lawyer make a different agreement. This means anything the client gave to the lawyer, and all documents the lawyer produced.

Who is the best person to review client files?

When the retention period ends review the client files once more. The best person to review the files is the primary lawyer . If that's not possible, have another lawyer review the files before destruction.

Why is a policy important?

A policy helps your firm control records, manage risk, and meet legal responsibilities. This article examines important aspects of legal document storage. Keep in mind no single policy exists to cover every situation.

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).

Barry Franklin Poulson

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.

Victor Peter Obninsky

I think th rule is "reasonableness." A will file of a living person should be retained until needed. I believe records of ongoing clients and/or businesses should be retained indefinitely. I have been practicing 40 years ans I kept all my files and only rarelt needed them.

Robert Lee Marshall

There's no firm rule on the subject. One opinion from the Los Angeles Bar Association says an attorney in a criminal case should retain the client's file as long as the client is alive.

What happens if a client does not complete the work?

If the work is completed and documents required by the agreement are provided to the client or other designated parties, the appropriate fee is to be paid. If the work is not completed, the client may bring legal action.

Why is timely destruction important?

Timely destruction of valueless records offers a low-cost way to reduce the amount of space used for record storage. A records retention program provides a “back door” for your records by eliminating the accumulation of valueless records.

What is the purpose of an attorney engagement?

The goal of the engagement is the litigation, settlement, preparation of legal document, obtaining legal advice, etc.

Is the ABA opinion binding?

Although the ABA opinion is “informal” and not binding, this opinion and others place severe procedural burdens on the retention program including: The duty to inspect and screen the client files before destruction. The duty to client property prior to destruction. The duty to protect client confidences.

What is the goal of an engagement?

The goal of the engagement is the litigation, settlement, preparation of legal document, obtaining legal advice, etc. The “client file” is the file used by attorneys to store all the material created by the attorneys and received from the client as part of an engagement with a client.