![]() Yet, some opinions then attempt to establish duties and requirements related to the retention and destruction of the client files. ![]() The ethical opinions do not require an attorney to maintain client records in the first place. These issues are left totally to the professional judgment of the attorney. The Rules of Professional Conduct and bar association ethical opinions do not address any duties or requirements for maintaining the client files including form of records, content of files and filing methods. The client file is merely a byproduct of the engagement - part of the means used by the attorney to manage the engagement. Clearly, the goal of an engagement is NOT to create a client file. The “client file” is the file used by attorneys to store all the material created by the attorneys and received from the client as part of an engagement with a client. The goal of the engagement is the litigation, settlement, preparation of legal document, obtaining legal advice, etc. The Role of Files and Records in a Client EngagementĪ client engages an attorney to pursue the client’s interest in a legal matter. While some of the supporting research is presented, other research has necessarily been omitted for brevity. Attorneys believe that the client file belongs to the client and cannot be destroyed without the client’s permission.The clients may need these record some time in the future.The attorneys are too busy to review the files prior to destruction.The process of destroying records is “non-billable time” and administrative overhead.Duties Related to Client Files The Problem with Destroying Client Filesīut attorneys often refrain from developing records retention programs or even destroying records under an existing retention program citing several reasons: By getting rid of the junk, you reduce the chances of filing errors and speed the retrieval of important information. It also improves your ability to handle important information. A records retention program provides a “back door” for your records by eliminating the accumulation of valueless records. Timely destruction of valueless records offers a low-cost way to reduce the amount of space used for record storage. Even the most important client records may never be needed or used in the future. However, most records lose value over time. Otherwise, they waste valuable staff time looking for records or, worse, misfile or lose valuable client information. Records must be well organized and accessible. Yet, destroying client files under an appropriate retention policy may be legally permitted, may protect the clients’ interest, and certainly can save the attorneys a lot of money.Īttorneys recognize the benefits of proper management of records. Because of doubt or inconvenience, the volume of records maintained by attorneys grows each year and the associated costs escalate. Some believe that client files belong to the clients and can only be destroyed with permission of the clients. Department for Work and Pensions, Jobcentre Plus or Veterans UK letter confirming your right to benefits (dated within the last 4 months).Summary: Most attorneys elect to keep their client files forever, believing that this reflects their legal duty to protect client interests.tenancy agreement (must be from a local council or reputable lending agency).HMRC tax notification (dated within the last 4 months).mortgage statement from a recognised lender (dated within the last 12 months).Certain conditions may apply for financial providers outside the UK bank, building society, or credit union statement – showing current activity (dated within the last 4 months).credit card bill (dated within the last 4 months), including UK online credit card statements.a valid overseas driving licence (must state address).satellite or cable TV bills (dated within the last 4 months), including UK online bills.phone bill (dated within the last 4 months).utility bill (dated within last 4 months), including UK online bills.Council Tax bill (for current year) – including online bills.We'll need to see the original (not a copy) of one of the following documents:
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |