As usual, Bill's comments are great.

I'd add to #6: I have seen firms contact the client via the succeeding
lawyer (usually depends on the relationship of the firm and former
partner/associate).  What that does is potentially extends the duty of care
to the other lawyer, in addition to the firm ... or at least that is the
argument I've heard ... which may encourage a timely response.  Your
lawyers will need to evaluate this course in the context of the files in
question and your jurisdictions.

A point I didn't see addressed is what you will do when you don't get a
reply.  Say the letter was successfully delivered (known via return
receipt, or some other means), but the client doesn't respond.  Are you
putting a time limit in the letter that says you'll destroy the file if no
response after xx days?  Or maybe you'll give them some number of attempts,
then destroy?  If you don't do something, you'll end up with a large chunk
of stuff you can never get rid of because you never received an affirmative
response.  Again, your jurisdictions will rule so you should vet each of
these decisions against the ethics opinions that apply to you.

Remember, you are ethically bound to choose a path that protects the
interests of the client (current AND former).  In order to do that, you
must consider the nature of the matter, the parties involved (especially in
the case of minors), statutes of limitation, potential for future
claims/suits/transactions, and based on all of that, select what would be
considered "reasonable" and "good faith" actions.  Cost to the firm is
usually a secondary metric used to help justify the "reasonable" line in
the sand.

Each firm will come up with its own variation on this process based on mix
of practice, risk tolerance/culture, and so on.  You're asking good
questions; keep it up and gut check everything.  So often this comes down
to common sense considering many state bars give little concrete advice.

Good luck!
Julie


-- 
Julie J. Colgan, CRM

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