I have to ask, are you seriously asking this question, after all the discussion on this issue in a myriad of forums and an authoritative treatise over the past ten years? This ceased being an issue that can be debated by law firms some years ago; it's an absolute given that there is a best practices protocol for how to handle closed client files, and getting rid of them without contacting clients isn't part of the protocol. The only exception to this is if each affected client signed an engagement letter agreeing to the firm's retention practices, and, even then, most firms take a conservative approach at the point of final disposition. Maybe it's just me, but I'm simply amazed that this question can still be asked by law firm administrators.
--Lee
Lee R. Nemchek, MLS, CRM
Vice President, Enterprise Records Governance
Oaktree Capital Management, L.P.
333 South Grand Avenue, 28th Floor
Los Angeles, CA 90071
p +1 213 830-6252 f +1 213 830-8504
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www.oaktreecapital.com
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Irene Eklund
Sent: Friday, April 26, 2013 11:42 AM
To: [log in to unmask]
Subject: Ethical Bound to Contact Clients before Destroying old cases
The question has arisen in my law firm is we are ethically bound to contact former clients before destroying their old files or if we can simply destroy old cases files which have been closed for 8, 10 or even 12 years.
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