how long must an attorney retain client files in massachusetts

by Brayan Hackett 6 min read

How long does an attorney have to retain a client file?

Jun 07, 2018 · Except for materials governed by paragraphs (d), (e) and (f), a lawyer shall take reasonable measures to retain a client’s file in a matter until at least six years have elapsed after completion of the matter or termination of the representation in the matter unless (i) the lawyer has transferred the file or items to the client or successor counsel, or as otherwise directed by …

Is there a new rule for client files in Massachusetts?

The Los Angeles County Bar Association concluded that a civil attorney should retain potentially significant papers and property in the former client’s file for at least five years analogous to Rule 4-100(B)(3) of the California Rules of Professional Conduct, which requires an attorney to maintain all records of client …

How long do you need to keep legal documents?

Jul 13, 2018 · Yes! “If the client has not requested the file within six years after completion or termination of representation or within six years after a minor reaches the age of majority, the file may be destroyed.”. Rule 1.15A (c). Again, limited exceptions are …

Is it legal to destroy a client’s old legal documents?

Mar 26, 2015 · Records shall be preserved for a period of six years after termination of the representation and after distribution of the property. Records may be maintained by computer subject to the requirements of subparagraph (1)G of …

How long do lawyers have to keep client files in Massachusetts?

six yearsExcept for materials governed by paragraphs (d), (e) and (f), a lawyer shall take reasonable measures to retain a client's file in a matter until at least six years have elapsed after completion of the matter or termination of the representation in the matter unless (i) the lawyer has transferred the file or items to ...Jun 7, 2018

How long do I have to keep client files?

six yearsIn general, and unless the file has been transferred to successor counsel or the client, a lawyer must hold onto a client's file for six years after the matter has been completed or the engagement has been terminated.Sep 1, 2018

How long do law firms keep documents?

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

How long do lawyers keep emails?

Q: The policy states that the default hold period for email is six months, but other types of documents can be held for up to two years.Mar 4, 2009

What happens to files when a law firm closes?

When a law firm goes bankrupt, the estate has the legal obligation to notify all former clients that they can either take steps to retrieve their files or give the estate the authority to destroy them.Feb 26, 2012

What is in a legal client file?

'Client papers and property' includes correspondence, pleadings, deposition transcripts, exhibits, physical evidence, expert's reports, and other items reasonably necessary to the client's representation, whether the client has paid for them or not."

How long should you keep conveyancing files for?

Conveyancing files are a prime example of files that should be kept for fifteen years.

What is a file retention?

Document retention is a system that allows you and your employees to automatically create policies and determine what should be done with particular documents or records at a certain point of time. ... Have files automatically moved to a new folder, system, directory, or site.Mar 18, 2014

When should a litigation hold be lifted?

By definition, a litigation hold may be lifted when the underlying litigation ends and no further litigation on the same topic can be reasonably anticipated.Mar 30, 2009

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

seven yearsWhile New Jersey has not adopted the ABA's proposed amendment to model RPC 1.6, existing RPC 1.15(a) plainly requires attorneys to preserve client prop- erty, including documents, for a period of seven years.Dec 30, 2013

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

The State of Georgia has no retention policy concerning client files, but does require that trust account, escrow account and IOLTA account records be retained for at least six (6) years. Most lawyers keep old, closed client files for their entire practice which can be decades.

What is a lawyer's work product?

Lawyer’s “work product” is defined for purposes of the rule to include “documents and tangible things prepared in the course of the representation of the client by the lawyer or at the lawyer’s direction by the lawyer’s employee, agent, or consultant”, but as per comment 3 , do not “ordinarily” include a lawyer’s personal notes. ...

When did the Massachusetts Rules of Professional Conduct become effective?

This new rule is effective September 1, 2018. You can view the new rule, here and read what Bar Counsel has to say about the new rule, here.

What is trust property?

(1) “Trust property” means property of clients or third persons that is in a lawyer’s possession in connection with a representation and includes property held in any fiduciary capacity in connection with a representation, whether as trustee, agent, escrow agent, guardian, executor, or otherwise. Trust property does not include documents or other property received by a lawyer as investigatory material or potential evidence. Trust property in the form of funds is referred to as “trust funds.”

How often should a lawyer prepare a reconciliation report?

For each trust account, the lawyer shall prepare and retain a reconciliation report on a regular and periodic basis but in any event no less frequently than every sixty days. Each reconciliation report shall show the following balances and verify that they are identical:

Who shall promptly notify the client or third person of a trust?

Upon receiving trust funds or other trust property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. Except as stated in this Rule or as otherwise permitted by law or by agreement with the client or third person on whose behalf a lawyer holds trust property, a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive.

Can a lawyer deposit a trust account?

A lawyer shall deposit into a trust account legal fees and expenses that have been paid in advance, to be withdrawn by the lawyer only as fees are earned or as expenses incurred.

What is a trust accounting?

(1) Upon final distribution of any trust property or upon request by the client or third person on whose behalf a lawyer holds trust property, the lawyer shall promptly render a full written accounting regarding such property .

How many bank accounts do lawyers have to have to receive trust funds?

Each lawyer who receives trust funds must maintain at least one bank account, other than the trust account, for funds received and disbursed other than in the lawyer’s fiduciary capacity.

Who submits annual report to the court describing their IOLTA activities for the year?

The Massachusetts Legal Assistance Corporation and other designated charitable entities shall submit an annual report to the court describing their IOLTA activities for the year and providing a statement of the application of IOLTA funds received pursuant to this Rule.

How to dispose of client files?

How Do Law Firms Dispose of Client Files? 1 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? 2 Send a letter to the client's last known address stating that the file is about to be destroyed and that the client is welcome to pick it up. Obtain a receipt for any files you return. 3 Keep an organized inventory of how you handled each file (e.g., permanently deleted it, shredded it, returned it), and the date of the disposition.

What is matter closing?

Matter closing can be an opportunity to remind the client of the work that was performed and the firm's desire to represent them in the future. In a perfect world, you would contact your former clients and they would come and pick up their files.

What is Findlaw's integrated marketing solution?

FindLaw's Integrated Marketing Solutions can help you create a comprehensive plan to target your market audience so that you will have a steady flow of new client files to keep your files full.

What is estate planning?

Estate planning for living clients, Trust funds, Minors, Continuing child custody or support obligations, Prenuptial agreements, Long-term contracts with continuing obligations, Tax matters of certain kinds, and. Criminal matters. In some fields such as tax and probate, statutes address how long records must be kept.

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.