Hello - I'm new to this listserv but I can respond to Barbara. Our firm is in the process of implementing its newly minted retention program and I worked for 18 years with an international firm that implemented its retention program over 5 years ago.
1. Client original materials should be returned. Per California bar ethics opinions the client files belong to the client, only the attorney work product belongs to the firm. Both my old and new firms notify their clients in their engagement letters of the policy for keeping their files and the length of the retention of the firm files. It was/is best practice for both firms to copy the clients' original materials and return the originals as soon as possible, less liability for the firms. If we need them at trial, we will ask for the return at that time.
2. Neither firm charged the clients for retaining the files in offsite. My old firm did charge for returning the files, we usually asked for the clients' Fed-Ex, UPS or preferred carrier account number. Many chose to send a carrier/messenger to pick up the files. For those clients opting for destruction, the firms picked up the tab.
3. Both firms keep risk management based material; engagement letter, fee agreements, release correspondence and for litigation the final settlement agreement and request for dismissal. For now Risk management materials are kept in perpetuity (hopefully to be scanned at some later date). The only time files are copied is if their is any question of legal action or if the parting was not amicable. At the end of any possible statute of limitations issues, the copies are destroyed.
4. Neither firm charges/charged for electronic storage. Discovery documents and depositions are stored on CD and not kept on the firm systems. At my prior firm, electronic files were being purged at the end of the retention period after the paper files had been returned or destroyed.
Hope that helps.
Christie Narver, CRM
Records Manager
Rutan & Tucker, LLP
611 Anton Boulevard, 14th Floor
Costa Mesa, CA 92626
(714) 338-1867 direct
714-546-9035 Fax
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-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]]On
Behalf Of Barbara Embick
Sent: Thursday, August 09, 2007 8:28 AM
To: [log in to unmask]
Subject: End-of-matter questions for listserv
Excuse the cross post.
Our firm is evaluating our end-of-matter processes and I have a few
questions for you today.
Paper records:
1. Does your firm return client materials from a matter to the
client at the end-of-matter or store them for the firm's retention
period?
2. If you store matters for the retention period, does your firm
typically charge clients for storage of matters from end-of-matter until
destruction?
* If so, is it a set fee you charge at the end of the
matter; or, do you invoice annually for this?
3. If you return the client's materials, do you copy any portion of
the materials to address future concerns (i.e. risk management, future
similar business with the client)?
Electronic records:
1. Has your electronic systems become so large that your firm is
now considering charging for electronic storage space?
Thanks in advance for your responses. I will be compiling this data and
will be happy to forward it to anyone who may have an interest.
P.S. A happy hello to everyone out there by the way. I have not posted
in a long time.
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Barbara Embick, CRM
Records Systems Manager
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Nelson Mullins Riley & Scarborough LLP
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