Hi Lee: I did research on the Ethics opinions you listed below and found as many as I could, there were some that I could not locate. Here is the list of ethics opinions I could not locate -
Closed File Disposition
MD 2005-01
RI 96-35
Retention Period for Closed Client Files
MD 2005-01 (repeated)
RI 92-10
RI 94-9
WV 2002-001
Locating Clients
CT 98-23
MD 2005-01 (repeated)
If you happen to have these, if could email them to me that would be great. I have included my email address below for you. Thanks for the help!
Irene Eklund
Records Specialist
Donovan Hatem LLP
Boston, MA
Phone: 617-406-4607
Email: [log in to unmask]
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Irene Eklund
Donovan Hatem LLP
Two Seaport Lane
Boston, MA 02210
617.406.4607 (direct)
617.406.4501 (fax)
mailto:[log in to unmask]
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-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Nemchek, Lee
Sent: Friday, April 26, 2013 3:57 PM
To: [log in to unmask]
Subject: [RM] FW: Ethical Bound to Contact Clients before Destroying old cases
Hi Irene: Maybe what's written in a book won't sway them, but bar association ethics opinions should. If not, you've got a way bigger problem on your hands than file retention! I've looked at my master index of ethics opinions on the subject of inactive file retention, and here are some lists. The citations include the state abbreviation and the opinion number:
Closed File Disposition
ABA Inf. 1384
AL 93-10
AL 2010-02
AZ 08-02
CA 2001-157
CT 2010-07
DC 283
IL 95-02
IL 01-02
LA 06-RPCC-008
MD 85-77
MD 2005-01
MI R-5 [Formal]
MO 990122
MO 20000082
MO 20000211
MO 20010147 (Informal)
MO 20010147
MS 254
MT 910510
NC RPC 209
ND 00-02
NY (ST) 623
RI 96-35
SC 86-23
SD 2001-2
VT 97-08
WI E-84-5
WI E-98-1
Retention Period for Closed Client Files
AL 93-10
AL 2010-02
CA 2001-157
IL 12-06
LA 05-ROCC-001
MD 2005-01
MO 990122
MS 254
MT 860115
MT 910510
NJ 692
NM 2005-01
NY (CO) 725
SC 86-23
PA 99-120
RI 92-10
RI 94-9
SC-92-19
SC 98-33
SD 94-6
VT 97-08
WI E-98-1
WV 2002-001
Locating Clients
AZ 98-07
CT 98-23
DC 283
DC 359
FL 81-8
LA 06-RPCC-009
LACBA 475
MD 2005-01
MO 990020
ND 1992-11
NJ 692 Suppl
WI E-98-1
Pick the ones from the jurisdictions where your firm does business, and give them a look. There's nothing from Massachusetts on point, but check NY, NJ, PA, CA, IL, DC, FL, i.e., the big states. Most are available freely on the internet. If the lists aren't readable, let me know. Hope this helps.
--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
[log in to unmask]
www.oaktreecapital.com
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Irene Eklund
Sent: Friday, April 26, 2013 12:18 PM
To: [log in to unmask]
Subject: Re: Ethical Bound to Contact Clients before Destroying old cases
I am just as mystified that those in my law firm are asking this question as well. I have read your book and completely agree that every reasonable effort to contact the client must be undertaken. I have been voicing my opinion that this is not a road we should be going down. I will continue to strongly argue me case about NOT disposing of any files without properly notifying the client. In addition, we have a number of boxes in our storage company in which the contents are not clearly identified and these are the files which go back 8, 10 or 12 years. These are the files in which the administrators in my firm as asking the question about whether we can just simply destroy them. However, I have been trying to make the arguments that we should not make the arbitratory decision and that we still need to recall these boxes and review them to identify the proper files and clients that in these boxes.
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