An active code is usually assigned to records that are activity or project-related, especially if there is no specific end-date for the activity or project. The records are retained while the activity or project is “active” (ACT)—until the activity or project is finished or ended. If there is also a specific retention period that should apply, then the specific retention period is added on as an additional stated number of years (+5) The number usually stands for years, but it may mean months, if specified). For example, if the retention code for a project record is ACT+5, then the record should be retained for five years after the project ends, whenever that occurs.
For instance, contracts may be held EXP+7. This means contracts are kept for seven years after they expire.
The Michigan Freedom of Information Act (FOIA) (MCL 15.231-15.246) defines public records as recorded information “prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created.”
E-mail messages are subject to the same record retention laws as other government records. E-mail messages are public records if they are created or received as part of a public official or employee’s duties. There is no one single retention period for e-mail. Each message must be evaluated based on its content to determine whether it is a record subject to a specific record series and retention period (or whether it is transitory correspondence or a non-record). E-mail that needs to be retained may be stored electronically or as a paper printout. Additional guidance and free online training is available from online at https://dmbinternet.state.mi.us/DMB/
These documents are broadly defined as drafts, duplicates, convenience copies, publications and other materials that do not document agency activities. These materials can be disposed of when they have served their intended purpose. Government agencies need to identify the “office of record” when multiple offices possess copies of the same record. The “office of record” is responsible for following the retention period that is specified, duplicates do not need to be retained. A more comprehensive definition of “nonrecords” can be found in the approved schedule (available
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.
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. These include, among others, issues that deal with: Criminal matters. In some fields such as tax and probate, statutes address how long records must be kept.
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.
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.
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. ...
It can be difficult to keep track of all the regulations when it comes to record retention. Every state has its own rules on top of the federal government rules. Many people don’t know that each state has what is called a State Archivist.
The State Archivist has many responsibilities, but one of them is to document the state’s record retention guidelines for businesses and individuals.
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.
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...
Attorneys are free to choose a longer or shorter term of retention of client files. Some permanent record should be maintained that describes the file and its disposition. The California Rules of Professional Conduct do not specify how long an attorney must retain a former client’s file.
In criminal matters, the attorney cannot foresee the future utility of the information contained in the file. The Committee concludes, therefore, that it is incumbent on the attorney in a criminal matter to obtain some specific written instruction from the client authorizing the destruction of the file. Absent such written instruction, the attorney ...