We do not filter client names and have no plans to filter client names
no matter how old. My question was in regards to filtering "closed
matters" not "closed clients". In our system, Elite and LegalKEY, a
client is never closed, only their matters. Several large firms in
Atlanta filter their aged closed matters. I wanted to see what others
are doing.
<http://mm1.lettermark.net/smithgambrellrussell/card/OIPC_3.map>
Scott Taylor
Records Manager
(404) 815-3521
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OIPC_3.gif>
-----Original Message-----
From: Records Management Program [[log in to unmask]] On Behalf Of
Laura Steinberg
Sent: Wednesday, May 27, 2009 11:34 AM
To: [log in to unmask]
Subject: Re: Excluding Aged Closed Client Matters from Conflict Report
Excluding information from a conflicts report? What are you thinking???
The knowledge gained by an attorney, having represented a former client
even 20 years ago, doesn't go away. That intimate knowledge about a
former client is what makes a conflict check crucial to any attorney's
practice, even when just the appearance of a conflict can jeopardize the
case, or if the client doesn't like the outcome, an invitation to a
malpractice suit. Whatever information was gained at that time is still
relevant to whether or not a conflict would exist if your attorney were
to take a case opposing that former client even today. The idea of
"filtering" old client names is an invitation to big trouble, in my
opinion.
If you find that you are getting too many "hits" on your conflict
searches, maybe it's time to rethink how you code your entries? How
about rethinking what information you place in your database? Can you
get by with creating a database of only client names? How about moving
up to a more sophisticated conflict reporting system that can give you
the relevant information you need? There are certainly better solutions
out there than dropping off old client names. In the end, it is still
the attorney's decision about whether or not a conflict exists that
determines whether the firm takes a new matter or not - but I would
prefer to give him/her as much information as possible so that the
decision is fully informed.
I've worked in law firms for over 20 years, and there is nothing that is
taken more seriously in my department than our responsibility to create
a complete and accurate conflict database, or run the conflict reports
before our attorneys even touch a new case. My 2 cents...
Laura A. Steinberg
Epsten Grinnell & Howell APC
San Diego, CA 92131
http://www.epsten.com/
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________________________________
From: [log in to unmask]
[[log in to unmask]] On Behalf Of Taylor, Scott
Sent: Wednesday, May 27, 2009 7:40 AM
To: Private Law Libraries SIS LegalRec
Subject: [pll-legalrec-sis] Excluding Aged Closed Client Matters from
Conflict Report
We are working on a policy for running conflict searches that would
exclude closed matters in our conflict report. Wanted to know if your
firm applies a filter to exclude aged closed client matters and if so,
what length of time do you apply to your filter. We are considering to
exclude all matters that have been closed five years to reduce the
number of hits produced on our searches.
Thanks for your help! Scott
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