For non-client material - The process depends on the agreement between the lateral and our firm. Most often, we won't allow non-client material to be brought to the firm unless there happens to be a combination / merger that requires that someone maintain the records for past clients. Should this happen, we create a relationship to the lateral / prior firm in our DMS and RMS noting that the records do not have a relationship to our firm. The lateral is required to maintain an account and pay for the storage of hard copy files should content need to be stored with a vendor.
For client material - what is received by the firm is based on what the client requests that we accept. In today's terms, most often that includes all file formats, opened and closed matters.
There is a risk associated with any record as we all know. Maintaining the known relationships for each records series is critical to limiting that risk. Limiting access to the information is also critical.
As far as records retention, if the client requests that all records be released, then our firm's retention policy would come into play, not the prior firms.
Hope that helps....
Deb Rifenbark, CRM
Chief Records Officer
[log in to unmask]
Deb Rifenbark, CRM | Chief Records Officer | Stinson Morrison Hecker LLP
1201 Walnut Street, Suite 2900 | Kansas City, MO 64106-2150
T: 816.691.2616 | F: 816.412.8177
[log in to unmask] | www.stinson.com
Please consider the environment before printing this e-mail.
This communication is from a law firm and may contain confidential and/or privileged information. If it has been sent to you in error, please contact the sender for instructions concerning return or destruction, and do not use or disclose the contents to others.
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Creamer, William
Sent: Wednesday, December 05, 2012 11:32 AM
To: [log in to unmask]
Subject: Re: Question for Legal Records Managers
When a lateral partner is transferring to your firm from their previous firm:
What do you do about matter material that they would like to bring with them (or that their prior firm wants to send you) that does not relate to any current on-going representation? In other words the lateral will no longer be representing that client, at least as far as is known in the immediate future?
What if the matter is inactive/closed, but the client has active matters that will be worked on at your firm? Do you take it all, or try to limit your acceptance to just the active matters?
What if the previous firm (not the lateral themselves) is trying to literally dump on you, matter material that does not relate to any current active representation of a client that the lateral will be engaged in at your firm?
What, in your view, or in the view of your risk management attorney advisor, are the risk management liabilities of this material that relates to matters not worked on or expected to be worked on at your firm?
Does raising the issue that they may be violating their own records retention plan get any traction with the sender?
Interested in hearing any responses regardless of the size of your firm, as long as it is related to legal work in the US.
Thanks,
Bill Creamer
Records & Conflicts Manager
[log in to unmask]
212.728.3448
***********************************************************************
IMPORTANT NOTICE: This email message is intended to be received only by persons entitled to receive the confidential information it may contain. Email messages to clients of Willkie Farr & Gallagher LLP presumptively contain information that is confidential and legally privileged; email messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are an intended recipient of it. If you have received this message in error, please forward it back. Willkie Farr & Gallagher LLP is a limited liability partnership organized in the United States under the laws of the State of Delaware, which laws limit the personal liability of partners.
***********************************************************************
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]
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]
|
