When Do Files Die?


How Long Should a Client's Files be Kept? Lawyers know they have an ethical duty to protect all documents on behalf of clients. The American Bar Association's Rule of Professional Conduct 1.15 requires that client property and files be "appropriately safeguarded." The rule stipulates no minimum time that this safeguarding must be done. Failure to keep these files safe is a failure in the overall duty to act competently in the best interests of a client.

The rules and specific time periods for storing or destroying client files vary by jurisdiction. Some states, for example, require a lawyer to securely store a client's file for 10 years after completion or termination of the representation unless lawyer and client make other arrangements.

Please see full article below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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