how long should an attorney keep old files?

How long should a lawyer keep a client's records?

The Rules of Professional Conduct and State Bar Act do not specifically direct how long an attorney should keep a client's files. But rule 4-100(B)(3) requires records regarding entrusted client property and funds to be maintained five years after the last funds and property has been disbursed to the client.

How long should you retain client files?

How Long Should You Retain Client Files? 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.

When does a lawyer have to hold original documents?

* Absent client authority to dispose of client originals from the files, a lawyer must hold those originals until returned to the client or other disposition instructions are obtained. The analysis of this issue as an ethical matter should not obscure the reality that some records need to be retained for a variety of other reasons.

Do lawyers have to store files electronically?

“Lawyers may, but are not required to, store files electronically unless: a statute or rule requires retention of an original document, the original document is the property of the client, or destruction of a paper document adversely affects the client’s interests.

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

Do you have to hold documents in Michigan?

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How long do attorneys have to keep files in Florida?

6 yearsANSWER: With the exception of trust accounting records (6 years), contingent fee contracts and closing statements in contingent fee cases (6 years), there is no specific number of years for which lawyers are required to keep closed files.

How long are attorneys required to keep files in NY?

seven yearsApart from these documents, a lawyer has an ethical duty to retain for seven years certain books and records concerning an attorney-client relationship, and any documents otherwise required by law to maintain.

How long do attorneys have to keep files in NC?

six yearsRPC 209 requires a lawyer to retain a client's file for six years after the file becomes inactive. During the six years, the file may only be destroyed with the consent of the client or, after notice to the client, the client fails to retrieve the file.

How long do lawyers need to keep files in Maryland?

five yearsMost jurisdictions have rules requiring the attorney to maintain records pertaining to their trust accounts and to other client "property" for a specified period after representation ends. For example, in Maryland and the District of Columbia, one must maintain such records for five years.

How long do you have to keep client records?

seven yearsA. The amount of time depends on factors including state law and insurance requirements. State laws governing record retention often require that they be maintained for seven years after the professional relationship ends. This time period does not start for minors' records until the minor reaches the age of majority.

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.

How long should a solicitor keep my file?

We will usually keep files for seven years (in case of non-transactional matters) or 15 years (in case of transactional matters) from the closure of the relevant matter.

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 happens to documents when a law firm closes?

Documents such as Wills, Powers of Attorney and Title Deeds are normally held in safe custody for clients. When a law firm goes out of business, clients need to appoint a new solicitor. They will ask their new solicitor to obtain any documents held in safe custody by the law firm that has gone out of business.

How long does an attorney 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 ...

Is Maryland a mandatory bar association?

With over 23,000 members, the Maryland State Bar Association was founded in 1896 and is the voluntary bar organization for Maryland legal professionals.

How long do law firms keep case files?

The general consensus is that the minimum legal document retention time for most types of records should be at least six years, as this is the primary limitation period under the Limitation Act of 1980. Other legal documents, on the other hand, must be retained for a period of at least 15 years or more.

What is a closed file?

n. A file containing records generated by a process that has been completed and to which additional information is not likely to be added; a cut-off file.

How Long Should An Attorney Retain Client Records?

Physical space may not be as great an issue in the digital age regarding the storage of client files, but the fact remains that the storage of client files is necessary for some time. But how long? Each state’s Rules of Professional Conduct specifically describe trust account records and for how long they must be kept by an attorney. A state’s ethical rules typically prescribe, as ...

How long must an attorney keep a client's records? - LawInfo.com

The exact timeframe that an attorney must keep a client’s records varies significantly from one state to the next. Typically, state rules that govern the professional conduct of lawyers, as well as state ethics committee opinions, dictate the length of time for which an attorney must keep client records on file.

Keeping Original Legal Documents Safe: The How and Why

You’ve just left your attorney’s office having signed your estate planning documents. These documents may include a Will, and one or more Durable Powers of Attorney.

Document Storing: How Long Should Law Firms Keep Closed Files and Why?

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.The answer to file retention isn't a specific number of years. In fact, file retention and destruction is complicated. Establishing your firm's retention policy isn't easy either. You ...

When is it acceptable to discard old files? – The Florida Bar

Law Office Management Assistance Service Staff Report When may I destroy my old files? This is among the most difficult questions that Bar ethics staff answer, because it breeds a number of other questions: Does the file contain original client records? If so, what are the ethical obligations to return originals to a client? Do the files contain transactions that were of a contingent nature?

Law Firm Document Retention and Destruction Policies - FindLaw

What should you do with old client case files? How long should you hold onto them? For guidance on this and related topics, see FindLaw's section on How to Start a Law Firm.

What to do when a lawyer and client agree to retain client documents?

If a lawyer and client agree the lawyer retains the client documents, state it in writing. Spell out the specifics on the lawyer's responsibilities, storage, and retrieval fees.

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.

Why is it important to keep client files concise and organized?

The important thing is to keep the client file concise and organized. Simplify file management and retrieval. If documents are in several locations create a single point of access.

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.

Why is accurate record important?

Accurate records protect the law firm from improper record handling. It eliminates charges that destruction of a client file was random.

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.

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 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.

How Do Law Firms Dispose of Client Files?

Don't toss old paper files into the recycling bin. Shred them first, preferably using a document destruction company that certifies confidential practices. With electronic files, ensure that the data is completely wiped out and can't be restored. Beforehand, take steps to protect yourself from any claim that you have mishandled client materials.

How Do I Create a Law Firm Document Retention 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.

What is a law firm record management policy?

Most law firm records management policies use a matter-centric approach, creating a policy that analyzes individual client files to determine whether they should be retained. While an entire client matter will be considered for retention at one time, both the physical and electronic files must still be well-organized.

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?

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. ...

Should we reframe our thinking about destroying documents?

If the storage cost is low, consider holding onto old files that may have potential use in the future.

How long can you keep a will in Illinois?

In a recent advisory opinion, the Illinois State Bar Association canvassed several other states and suggested seven years is a reasonable “default” retention period for ordinary closed files. However, documents of independent legal significance, like original deeds or wills, must be returned to the client, filed with the court, or retained indefinitely.

How long do trust accounts need to be retained in Washington?

There is no Washington rule on file retention except that trust account records must be retained for at least seven years. RPC 1.15B. Picking a retention schedule is up to the professional considerations of each attorney or firm.

Can client files be converted to electronic format?

Client files may be converted to electronic format as long as documents with intrinsic value are not destroyed without client permission. Read WSBA’s Advisory Opinion 2023 for more information.

How long do lawyers keep records?

Code duty. Disciplinary Rule 9-102 (D) of the Code of Professional Responsibility requires lawyers to keep certain documents for “seven years after the events which they record…” These records include such things as trust account records, copies of all retainer and compensation agreements, bills to clients, and records of payments to investigators outside the firm.

How long do you have to keep closed files?

First, as mentioned above, DR 9-102 (D) requires you to keep certain bookkeeping records for seven years. Second, in 1996 the statute of limitations for legal malpractice actions in New York was shortened to three years. Third, there is no statute of limitations at all for disciplinary charges in New York (though proposals for a statute of limitations are now circulating).

What Should You Keep?

Every file contains four categories of items: (1) items you must keep to comply with the Code of Professional Responsibility: (2) items you must keep to fulfill your fiduciary’s duties to your clients ; (3) items you need to enable you to check for conflicts of interest that may arise in the future: and (4) items you may wish to keep to protect yourself and your firm in case you are later charged with wrongdoing. Let’s look at each category.

How long should I keep a DR 9-102?

With this in mind, I suggest that you keep the entire file in every case for at least three years; keep required DR 9-102 (D) documents for at least seven years; keep files from unusual cases or angry clients for 10 years; keep “DINS papers” until they no longer have any value (which may be many years); and keep basic information about prior engagements forever. Under this system, you will neither destroy papers you ought to preserve nor overwhelm your storage space with papers you may ethically destroy.

What happens if you destroy evidence?

To do that, you’ll need evidence of what you did and why, probably including your notes, memos to the file, and drafts of papers. On the other hand, if you destroy evidence showing that you have committed legal malpractice or other wrongs, you could be liable for “spoliation of evidence,” a tort recently discussed in Kirkland v. New York City Housing Authority [1997 N.Y. App. Div. LEXIS 13334 (1st Dept. 12/23/1997)]. There the court dismissed a third party complaint to punish the third party plaintiff for destroying key evidence. The court stated (with citations omitted):

Do you have to shredded a witness statement?

Opinion letters, factual summaries, witness statements, and other sensitive papers should be shredded before they are discarded. On the other hand, public documents such as pleadings, legal research, and documents filed with the court may not need to be shredded.

Do clients have to destroy files?

Files belong to clients, not to lawyers. A client who has paid a lawyer’s bill is entitled to the lawyer’s “entire file” except for certain internal law firm documents. Sage Realty Corp. v. Proskauer Rose Goetz & Mendelsohn [97 N.Y. Int. 0208 (12/2/1997)]. Before you destroy any file, therefore, you must offer it to your client.

How long do you keep a tax file?

The grand total for file retention has been put by experts at anywhere from seven to 15 years; clearly, there is much room for subjective judgment on the part of the firm, although a conservative interpretation is probably called for. In addition, files for some matter types often are retained permanently, such as tax and estate planning files.

How long do you have to retain a client's file in Florida?

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. In Florida, client files are property of the attorney and not the client; however, ...

What is a good retention policy?

First, the client should be made aware in the initial agreement what will happen to client documents and client files , and under what circumstances. Second, the policy should provide the person responsible for closing out a file clear guidance on what information should be kept and what information may be discarded. Finally, the policy should specify the length of time the remaining material will be kept, as well as where materials will be stored.

Why is permanent storage important?

Permanent storage of digitized files is space-efficient and prevents any future disputes over file contents , but it can be time-intensive. While scanning files has an important role in law firm file retention policies, it should not be regarded as a panacea. It is still necessary, for example, to examine the file to see what must be returned to the client. In addition, it is not physically possible to scan some client property into one’s files. And, finally, someone has to scan the documents. So, while it is tempting to construct a policy that consists mainly of “scan everything and keep it forever,” this is generally not practical or wise when an additional factor is the labor dollars to “scan everything.”

What are the most difficult questions that Bar Ethics staff answer?

This is among the most difficult questions that Bar ethics staff answer, because it breeds a number of other questions: Does the file contain original client records? If so, what are the ethical obligations to return originals to a client? Do the files contain transactions that were of a contingent nature? If so, what are the ethical obligations? Were trust funds involved? And, so on.

Why do firms scan documents?

Scanned Files Given the above complexities, many firms are turning to scanning files as a means of avoiding the question of what to retain and for how long. The Florida Bar Ethics Opinion 06-1 addresses this issue. “Lawyers may, but are not required to, store files electronically unless: a statute or rule requires retention of an original document, the original document is the property of the client, or destruction of a paper document adversely affects the client’s interests. Files stored electronically must be readily reproducible and protected from inadvertent modification, degradation, or destruction.”

What is the final step in the file closing process?

An important step in the file-closing process is the final review by the attorney. Once the file is closed, it should be “stripped” or “culled.”. In other words, the attorney on the case should review the file and approve the removal and destruction of unnecessary material.

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...