>
> 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.
Okay... now this gets into a completely different arena...
There are case files, and there are case files... right?
A firm is involved in a case, representing a client. The files generated
during that representation consist of a number of items. There would be
files related solely to the trying of the case... supporting documents,
appeals, filings, etc... all of which ultimately would 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... if they want them. So, in
this case, shouldn't it be up to the client to determine what happens to the
files on completion of the case, any appeals and any other actions relating
to the matter?
I mean, there might be an up-front agreement that the firm would retain all
records related to the case for some set period of time (at either their
expense, as a part of the fee to represent the client, or at the client's
expense) or there might be an agreement that on completion of the case, all
records be turned over to the client for thier further handling and
disposition. But in any case, these records should belong 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.
So, which records are we discussing here... what (I see) as Client files or
what (I see) as Firm files? And am I all wet on the division of the two and
what I've seen as a common practice of how these are separated and handled?
Or does it differ from firm to firm?
Inquiring minds want to know...
Larry
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