Hello,
Although, I have years of experience as a Records Manager, I have never
been a Legal Records Manager with a firm. Recently, my new boss requested
a checklist or one-sheet to provide guidance to the members of Legal when
considering the active/inactive status of their records. I've checked with the
Oregon Bar and I found decent, although, not comprehensive information. Are
there any Records Managers out there with law firm experience that can
provide insight into this matter?
Thank you,
Thom Souza, CRM
PS I've attached a similar document that I was able to find online.
3.12 Closing, Retaining and Disposing of Client Files
3.12.1 File Closing System
Lawyers should have a client file closing procedure that
• ensures the title is reviewed before closing
• provides for the storage of closed client files separate and apart
from active client files
• ensures that client file contents are distributed or disposed of
properly
• assigns a new closed client file code to the file
• provides for the destruction of the closed client file at the
appropriate time.
3.12.2 When to Close Files
Lawyers should only close files after all matters related to the file have been
completed and, in particular, after all undertakings have been satisfied.
3.12.3 Distributing and Disposing of File Contents
Prior to closing the file, lawyers should remove any unnecessary documents
from the file.
The lawyer should provide to the client
• client's original documents
• opposing party documents
• reports, asset and/or liability statements or other documents related
to the issues in the matter
• any other court or legal documents not already provided to the
client in the course of the retainer such as pleadings, affidavits, transfers,
mortgages or similar documents.
The lawyer may consider having the client sign an acknowledgment indicating
receipt of the documents.
The lawyer may consider destroying or disposing of any documents that may
be obtained from court, land title office or other government registry, provided
that the lawyer does not anticipate he or she will require the information for
purposes of his or her own defence.
Client files that should be retained and the length of retention will be
determined by the particular circumstances taking into account
• whether other sources are available to obtain information contained
in the file such as information stored in Registry Offices or court records
• a lawyer's potential liability for errors and omissions
• any applicable limitation periods.
The lawyer should keep in closed client files
• correspondence including e-mail, memos or notes relating to
communications
• file notes
• drafts and final version of any agreements as evidence of
instructions.
The lawyer should consider retaining
• legal research
• case law, or a list of case law
• documents to serve as precedents.
The lawyer should assign a closed client file code.
The lawyer should send the closed paper files to a storage location.
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