>>>> Please read the confidentiality statement below <<<<
<For the most part, they seem to have no problem with the destruction
period, just with the event
date to start the clock ticking.>
This might be the central issue. It's fine to start with a clear-cut
guideline, e.g., "destroy 5 years after case closed or appeal process
expired," but when a matter is closed, the attorney should have input to
say either the standard retention period is OK, or the file needs to be
retained until year X for reason Y. That probably applies for inhouse
counsel records in any industry. Gus, getting all the lawyers aboard is
like herding cats but by asking for their input on each case that might
eliminate all their valid reasons for not complying.
On the question of when the clock starts ticking, you may want your
policy to include language defining when a matter is closed. Can you
close a matter after the contract is executed or do you wait for it to
expire? Same with leases, patents, etc. Can you close a minor-related
personal injury case after settlement, or do you wait until x years
after their 18th birthday? Same with appeal periods and cases involving
statutes of limitations. In my firm there are a number of
administrative reasons for closing a matter as soon as the work is done,
but the further you go down the road of defining closing dates, the less
input you'd need from the attorney as to retention period.
One more thing if you haven't done it already would be to define when a
matter is officially closed. Was it when the attorney signed off on the
closing form, when the database said so, or when the file eventually got
packed up and sent off-site?
Larry, you're not all wet about law firms' records. We have split our
retention policies in two: one for our client files and one for the
firm's administrative files.
Gary L. Grieme
Records Manager
Robins, Kaplan, Miller & Ciresi L.L.P.
Minneapolis, MN
612-349-8538
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>>> [log in to unmask] 6/1/2005 2:49:38 PM >>>
<The retention for litigation case files in our state is, record copy:
5 years after case closed or appeal process expired.>
Our state requirements are similar, and we follow their requirements.
However, the issue raised by our City Attorney is that they don't always
know when the case has actually closed because of the various extensions
and processes for appeals, etc. Also, they occasionally have a case
that they believe sets a precident and should be kept for future
reference. When they indicate one of our cases meets one or both of the
above "hold" reasons, I hold only those cases. For the most part, they
seem to have no problem with the destruction period, just with the event
date to start the clock ticking.
Ginny Jones
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