new york, attorney, what electronic files are clients entitled to

In New York, the client is entitled to access to the whole of the file. The burden is on your attorney to rebut the presumption that you are entitled to your entire file, under the holding of New York’s highest court, the Court of Appeals, in Sage Realty Corp. v. Proskauer Rose, 91 N.Y.2d 30, 666 N.Y.S.2d 985 (1997).

Full Answer

Who is entitled to the lawyer’s “entire file?

Jun 09, 2020 · Apart 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. RULES: 1.9, 1.10, 1.15. FACTS. 1. The inquirer is a New York attorney who acquired a partnership interest in a law firm some years ago.

When does a lawyer have to make the client's file available?

On behalf of its new client, Nixon Hargrave sought Proskauer’s entire file. The Court of Appeals, reversing the lower courts, held that a former client that has paid its legal bills is presumptively entitled to the attorney’s “entire file,” subject to narrow exceptions. In reaching this holding, the Court of Appeals rejected New York ...

What is the New York City Bar Association doing about old files?

With every state and federal court in New York requiring all pleadings be e-filed, attorneys need to adapt and evolve to avoid e-filing mistakes. By familiarizing themselves with the e-filing process, retaining a third-party e-filing specialist or using an e-filing software solution, attorneys can safeguard against e-filing failures, and redirect their efforts to the actual practice of law.

Can a lawyer refuse to allow a former client to see documents?

Aug 08, 2014 · New York State Bar Association. Confidentiality. Committee on Professional Ethics. Opinion 1019 (8/6/2014) Topic : Confidentiality; Remote Access to Firm’s Electronic Files. Digest : A law firm may give its lawyers remote access to client files, so that lawyers may work from home, as long as the firm determines that the particular technology used provides …

How long does a lawyer have to keep client files New York?

seven yearsDisciplinary 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 ...

What constitutes a client file?

Client File means an electronic or paper file that the Department marks with the names of one or more clients, into which the Department places all of the named clients' records. A "client file" may contain confidential information about other clients and persons who are not clients.

Who owns a client file?

original documents sent to the firm by the client will continue to belong to the client, except where title was intended to pass to the firm. documents sent or received by the firm as the agent of the client belong to the client.

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

What is considered client property?

f) “Client Property” means original documents and documents prepared for the Client's benefit which the Member has been retained by the Client to prepare.

Where do I put client files?

Paper-based copies of client records, including progress notes, should be kept in lockable storage such as a filing cabinet or cupboard, or in secured access areas when not in use; 2.

Can a solicitor charge for copying a file?

A word of warning, it is legitimate for solicitors to charge the other side for providing copies of documents. If your solicitor is charged copying by the other side they are entitled to pass the cost on to you (as long as it was not replacements for pages they lost or spilt coffee over).

How long do solicitors keep files?

Many solicitors view the minimum period that any file should be kept for as six years, the primary limitation period under the Limitation Act 1980. Most claims are made within this period.

Can a solicitor refuse to give you your file?

There is no benefit in these documents to the client; the client has had the benefit of the oral advice which was the subject of the notes, and has received the original letters. Therefore, a solicitor can decline any request for a 'file' of documents and only provide those which the client is actually entitled to.Feb 5, 2016

What is reasonable measures to ensure that the destruction of all or any portion of a client file shall be carried out in

A lawyer shall take reasonable measures to ensure that the destruction of all or any portion of a client file shall be carried out in a manner consistent with all applicable confidentiality obligations.

How long do you retain a client's legal documents?

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 the client, or (ii) the client agrees in writing to an alternative arrangement for the file’s custody or destruction, provided, however, that files relating to the representation of a minor shall be retained until at least six years after the minor reaches the age of majority. If the client has not requested the file within six years after completion or termination of the representation or within six years after a minor reaches the age of majority, the file may be destroyed except as provided in paragraphs (d), (e), and (f) below.

What is a client's file?

For purposes of this Rule, the client’s file consists of the following physical and electronically stored materials: (1) all papers, documents, and other materials, whether in physical or electronic form, that the client supplied to the lawyer; (2) all correspondence relating to the matter, whether in physical or electronic form;

The File Belongs to the Client

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.

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.

How Long Should You Keep Closed Files?

In deciding how long to keep closed files, there are three main considerations. 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.

What to Destroy

When you do destroy old files, remember that DR 5-108 (A) (2) requires you to preserve client confidentiality absent that client’s informed consent to waive it. You should not simply throw your old files in an ordinary garbage can.