Question: Poyner has large store of records belonging to a client company that they represented that has completely dissolved as of 1999 (company does not exist anymore).  Within these files are thousands of individual personal claims against the client company.  We are questioning the appropriate way to handle the retention/destruction of these files since the company no longer exists.  We have some thoughts but would like to get feed back from others.

Reply:  Some things to consider:  if these personal claims have resulted in any active litigation, you may consider contacting the company's current law firm(or individual principals legal representatives if applicable) and asking them if they'd take over possession of the files; otherwise, look over your area's Statute of Limitations on torts that may cover the claims.  Document all of your (and your staffs') efforts to resolve the problem. (One other consideration; check the fee agreement to see if it contains any language regarding your firm's policy on client file retention.) If all of your own retention periods have been covered, and your efforts to contact the owners of the records fails, then you might consider destroying the files.

Laura A. Steinberg
Records Manager
Epsten Grinnell & Howell APC
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