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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.
>>The files generated ... 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.
Yes they do. If they want them, the purge is to send it back to the client. This allows the client to apply its retention to these records which had been under a litigation hold.
The law firm also as a right to retain a copy of it's work product while returning the original file 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.
The administrative files of the law firm should be handled in accordance with the retention poilicy for their business records.
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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