Hi David,  In my experience and interpretation of the Rules, retention is applied at the matter level.  Some clients and matters, based on the nature of the work and the overall relationship may drive *special* retention requirements that deviate from standard "per matter" retention practices; but those should be exceptions, not the rule.

I think interpreting it as you suggest is overly and unnecessarily broad.  The result would be significant over retention if you were to retain all matter files for a client with whom you have a 25 year relationship, for example.

JMO

Julie


Sent from my iPhone

On Aug 29, 2012, at 8:12 AM, "Steward, David" <[log in to unmask]> wrote:

> A question came up in our internal review of our retention schedule.   While jurisdictions vary on the language, a majority indicate that retention is tied to the representation of the client.  Are there firms that interpret this as meaning any and all representation?  In other words, does your firm tie retention of all matter materials to the client level and not to the individual cases?  Do you wait until representation of the client has been terminated before starting the retention countdown for all materials?  Or do you apply retention at the matter level so the retention period is activated when the individual matter is no longer active?
> 
> We have considered the following:
> -10 years is the most conservative retention period within the jurisdictions in which we practice.  Therefore, we will use that 10 year period as a minimum default.
> -We had previously assumed that matter status alone would activate our retention countdown.
> -We realize matters which fall under certain practice areas may be retained well beyond the 10 year period
> 
> Any input would be most helpful as we determine the best practice for retaining and preserving our clients' files.  Thank you.
> 
> 
> David B. Steward
> Director of Records
> 
> HUSCH BLACKWELL LLP
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