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Subject:
From:
"Julie J. Colgan" <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Mon, 12 Jul 2010 14:43:05 -0400
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Hi Laura,

I agree with William that there really isn't a pressing need to spell that
out, and you certainly want to avoid constraining yourself to ANY format,
however I also have worked with conservative attorneys who have asked the
same question.  A compromise may be to simply add the phrase (or a similar
phrase) "in any format" to your engagement letter with regard to the client
file.

The only time format may come into play, ethically speaking, is what the Bar
has to say about releasing the file to the client when/if they ask for it.
Some states have written Ethics Opinions that indicate that providing
records electronic form is probably reasonable due to the widespread
availability of computers (see NC 2002 Formal Ethics Opinion 5, Inquiry 4 in
particular - http://bit.ly/b3dVwJ<http://www.ncbar.gov/ethics/ethics.asp?page=1&keywords=email>).
Not knowing where your lawyers practice, I can't say if there are any
requirements (or allowances) for production of client filess in particular
formats.

So, if your firm wants to only provide copy of the client file (to the
client upon request or to succeding counsel) only in electronic format
rather than printing, you might want to make sure you aren't ethically
obligated otherwise.

Good luck!

Julie

-- 
Julie J. Colgan, CRM

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