David,
The language in our standard engagement letter is specific to the matter, and says that we retain for 10 years "after the file is closed" (where "file"=matter). In those instances where the client provides their own Outside Counsel Guidelines -- and the client includes retention requirements (which they often do not do) -- their language usually refers to a retention clock that starts at the end of the engagement, and an engagement = a matter (since that's the basis for billing).
Interestingly, our records application (iManage Records Managers -- IRM) doesn't even have the capability to apply retention at the client level; we have to apply a retention schedule at the matter level for every matter.
Pilar C. McAdam, CRM
[log in to unmask]
Los Angeles, CA
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Steward, David
Sent: Wednesday, August 29, 2012 6:13 AM
To: [log in to unmask]
Subject: Question for Law Firms regarding retention: client or matter level?
A question came up in our internal review of our retention schedule. While jurisdictions vary on the language, a majority indicate that retention is tied to the representation of the client. Are there firms that interpret this as meaning any and all representation? In other words, does your firm tie retention of all matter materials to the client level and not to the individual cases? Do you wait until representation of the client has been terminated before starting the retention countdown for all materials? Or do you apply retention at the matter level so the retention period is activated when the individual matter is no longer active?
We have considered the following:
-10 years is the most conservative retention period within the jurisdictions in which we practice. Therefore, we will use that 10 year period as a minimum default.
-We had previously assumed that matter status alone would activate our retention countdown.
-We realize matters which fall under certain practice areas may be retained well beyond the 10 year period
Any input would be most helpful as we determine the best practice for retaining and preserving our clients' files. Thank you.
David B. Steward
Director of Records
HUSCH BLACKWELL LLP
4801 Main Street, Suite 1000
Kansas City, MO 64112
Direct: 816.983.8860
Fax: 816.983.8080
[log in to unmask]<mailto:[log in to unmask]>
huschblackwell.com<http://www.huschblackwell.com/>
View Bio<http://www.huschblackwell.com/David-Steward> | View VCard<http://www.huschblackwell.com/David-Steward/vcard>
****** Begin Notice from Husch Blackwell LLP ******
Pursuant to U. S. Treasury regulations, we inform you that any federal tax advice contained in this message (including all constituent email correspondence, attachments, enclosures and/or exhibits) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
****** End Notice from Husch Blackwell LLP *******
List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance To unsubscribe from this list, click the below link. If not already present, place UNSUBSCRIBE RECMGMT-L or UNSUB RECMGMT-L in the body of the message.
mailto:[log in to unmask]
Circular 230 Notice: In accordance with Treasury Regulations we notify you that any tax advice given herein (or in any attachments) is not intended or written to be used, and cannot be used by any taxpayer, for the purpose of (i) avoiding tax penalties or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein (or in any attachments).
Attention: This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.
List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance
To unsubscribe from this list, click the below link. If not already present, place UNSUBSCRIBE RECMGMT-L or UNSUB RECMGMT-L in the body of the message.
mailto:[log in to unmask]
|
