As part of your representation, you should properly retain client files or dispose of them through appropriate means. It is a good idea to establish firm-wide guidelines for file retention. As in other areas of firm practice, more experienced attorneys should set the example. Of course, the file retention policy should also be specifically provided for in the original fee agreement.
Upon closing a file, send a letter confirming termination of representation to your client, and copy the client file for your own records. You should use this as an opportunity to scan the file for digital storage—over time, this will reduce your overall costs of storage.
As part of your representation, you should properly retain client files or dispose of them through appropriate means. It is a good idea to establish firm-wide guidelines for file retention. As in other areas of firm practice, more experienced attorneys should set the example. Of course, the file retention policy should also be specifically provided for in the original fee agreement.
Upon closing a file, send a letter confirming termination of representation to your client, and copy the client file for your own records. You should use this as an opportunity to scan the file for digital storage—over time, this will reduce your overall costs of storage.
Establish a future date for the destruction of the file—this date will vary depending on relevant statutes of limitation, the type of representation (estate planning, divorce, etc.), and the client’s satisfaction with your work. When the date of destruction nears, review the file and perform due diligence to ensure that destruction remains the appropriate decision. Reference this date in your Fee Agreement and set forth (in clear language) that this is the only notice the client will receive regarding the date of file destruction.
In our Fee Agreement, we routinely advise the client that the “electronic” version of the file can be transmitted to them upon request.
Note that Rule 1.4(c), of the Rules of Professional Conduct require a lawyer inform any new client in writing if the lawyer does not have professional liability insurance of at least $100,000 per occurrence and $300,000 in the aggregate per year, and must also inform existing clients (in writing) at any time the his or her professional liability insurance drops below either of those amounts (or if the lawyer’s professional liability insurance is terminated). Record of those disclosures must be maintained for six years after the termination of the representation of a client. In fact, the Pennsylvania Office of Disciplinary Counsel website discloses whether or not a given lawyer has insurance.
