Feb 9 2015
Law firm stores closed files in a remote access storage facility. As has been the usual course for several years, the lawyer travels to the facility to retrieve a file and is told that the storage facility has been sold and the new owner has transferred the firm’s files to an out of state facility without the law firm’s knowledge or permission. Oh, S#&@! The new storage facility owner does not have an inventory of what was removed from the old unit or what was de...
Feb 3 2014
The file destruction issue is a mix of malpractice and ethics issues. In short, there is no "one time period fits all files" answer. Each file must be reviewed by a lawyer with these matters in mind.
Malpractice considerations - Maintain file for minimum time period for running of statute of limitations (SOL) on a legal malpractice claim, generally two years. Note that SOL may not begin to run until the malpractice is discovered. In some circumstances files may have to be mainta...