> 
> We purge our files after five years as well. If there are any documents of 
> permanent value to the client, they are removed and returned to the client. 
> If there are documents of permanent worth to the Firm they are removed and 
> retained as vital documents.

 
Okay... now this gets into a completely different arena...
 There are case files, and there are case files... right? 
 A firm is involved in a case, representing a client. The files generated 
during that representation consist of a number of items. There would be 
files related solely to the trying of the case... supporting documents, 
appeals, filings, etc... all of which ultimately would belong to the client, 
seeing as they are work product obtained or developed for use in the case. 
They've paid for them; they're entitled to them... if they want them. So, in 
this case, shouldn't it be up to the client to determine what happens to the 
files on completion of the case, any appeals and any other actions relating 
to the matter? 
 I mean, there might be an up-front agreement that the firm would retain all 
records related to the case for some set period of time (at either their 
expense, as a part of the fee to represent the client, or at the client's 
expense) or there might be an agreement that on completion of the case, all 
records be turned over to the client for thier further handling and 
disposition. But in any case, these records should belong to the client.
 Then there are the other records generated during the case such as any 
administrative documents (memos to partners, billings, time reporting 
records, etc.) that obviously belong to the firm and they would be addressed 
in the firm's records retention policy... providing they have one. 
 So, which records are we discussing here... what (I see) as Client files or 
what (I see) as Firm files? And am I all wet on the division of the two and 
what I've seen as a common practice of how these are separated and handled? 
Or does it differ from firm to firm?
 Inquiring minds want to know...
 Larry

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