Julie,
If the files are at an offsite records storage facility, you might
check to see if the departing attorney, or the attorney's new firm has
an account at that facility. If so, and the client's boxes do not
contain any other client's files, you might be able to make arrangements
to transfer the boxes to the departing attorney's account without ever
physically touching the boxes. I have done this several times, with all
appropriate authorizations (attorney, managing partner, client, etc.),
and it is a minimal cost. Both the current firm and the new firm will
need to convey in writing exactly what is being transferred / received,
to the off-site storage company. I assume the files/boxes are not
active, or else they would not be at off-site storage. The departing
attorney would probably move them into a storage facility when he
received them anyway. Of course this only works if the attorney is
remaining locally. I have found this to be a highly efficient way to
transfer ownership of the boxes that are offsite. I have been on both
sides, sending and receiving ownership, and it has worked well. I wish
you luck.
Kelly C. Garrett
Records Manager
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
20th Floor, First Tennessee Bldg.
165 Madison Avenue
Memphis, TN 38103
Direct: 901.577.2193
Fax: 901.577.4237
E-mail: [log in to unmask] <mailto:[log in to unmask]>
www.bakerdonelson.com <http://www.bakerdonelson.com/>
Baker, Donelson, Bearman, Caldwell, & Berkowitz, PC represents clients
across the U.S. and abroad
from offices in Alabama, Georgia, Louisiana, Mississippi, Tennessee,
Washington, D.C.
and a representative office in Beijing, China.
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Colgan, Julie J.
Sent: Tuesday, September 12, 2006 9:39 AM
To: [log in to unmask]
Subject: Re: [RM] Transferring Offsite Files to Departing Attorney
The deal at this time is that we have the letter authorizing this
transaction but the files are in offsite storage and there is a large
cost associated with this and the departing attorney is having problems
with the cost. As the firm as a whole received money during the
representation when he was at the firm he is having problems with this
decision.
A tricky situation. Personally, I don't think his argument that,
because the firm generated revenue during representation it is therefore
more obligated to pay for transfer costs than the receiving firm. The
revenue generated was for legal services performed, not to cover the
potential cost of future file transfers.
The "cause" of the cost is the client's desire to transfer
representation, and therefore (again, IMO) should be a cost borne by
either the new firm or the client, or both (negotiated amongst
themselves, not with the previous firm). An instance where I could see
the previous firm absorbing some or all of the costs is if there were
some sort of issue with the previous representation causing the client
to seek new counsel.
I hope that helps!
Julie
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