Some random thoughts in addendum to the great comments in this thread...

Treating "Case files" as a class is fraught with peril.  The content of
the files should be classed and retained based on the type of content
and the retention rules associated with same.  This is certainly
suggested by the firm's that retain judgments, et al., indefinitely.

In California and possibly other jurisdictions, the case file is
ultimately the property of the client.  In my old firm, we retained the
file for a specific period and then turned it over to the client,
keeping relevant copies of material that we deemed necessary to retain.

Some rights of action for minors do not accrue until they reach majority
and generally have two year statutes of limitation thereafter.  So if
the files pertain to a minor, in many cases the retention period should
be at least two years past the minor's 18th birthday.

William Kellermann, Esq.
Director, Corporate Legal Systems
Summation Legal Technologies, Inc.

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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.

We used to keep our litigation case files for only five years, too.
Then, one of our attorneys pointed out that the case files may contain
final orders, which are to be retained permanently (GS1-L, Item #67).
Since then, we have retained the case files permanently.

Robin Tew
Supervisor, Records Management
Pinellas County Schools

- - - -working on my personal disaster plan, now that hurricane season
has started in sunny Florida!




Doug Smith
Records Manager
Wiley Rein & Fielding LLP
1776 K Street, N.W.
Washington, D.C.  20006
(202) 719-4455
Opinions expressed are my own and not necessarily my employers.
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