It can go either way.
If the client owes the firm money they have to zero out the account and
they the files can be released.
If the volume of the records is large the receiving attorney is notified
when the boxed files are ready to be picked up and they make
arrangements to have them transferred. I guess the receiving attorney
can charge back the cost to the client.
If the client is only releasing one or two cases to the departing
attorney but continuing to do business with the original firm then the
original firm pays the transfer charge.
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Colgan, Julie J.
Sent: Tuesday, September 12, 2006 7:36 AM
To: [log in to unmask]
Subject: Re: Transferring Offsite Files to Departing Attorney
<I have a question regarding transferring files from offsite storage to
a lawyer who has departed from a firm. Who should absorb the cost of
this transaction? The departed lawyer, client or the previous firm?>
Julia,
The answer to this question will depend on several factors, however
traditionally, the transferring firm has absorbed the majority of the
costs. Some of the mitigating factors that might change this approach
include the nature of the departure and transfer, the volume of the
material, the complexity of the project and, of course, the relationship
with the client.
For example, in an amicable departure, typically we will absorb the
storage vendor costs (since we would have been obligated to those
anyway) and will absorb all processing costs. However, the receiving
attorney is expected to make arrangements for transportation of the
material from our firm to his/hers. For small collections, a courier
will do. For large collections, it can take a moving company!
For us, each departure is handled on a case-by-case basis and involves
many people including our Managing Partner, Ethics Partner, COO,
Attorney in charge of the departure (the atty remaining at the firm who
is responsible for ensuring the process goes smoothly within in the
practice group), Records, IT, etc.
If you have specific questions, please don't hesitate to contact me
offlist.
Regards,
Julie
Julie J. Colgan
Manager of Records Services
Arnall Golden Gregory LLP
Atlanta, GA
404.873.8164 direct
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www.agg.com
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