I am currently cleaning out my house to move. I was a lawyer, and still have all of my files (hundreds). They are mostly from the 60's and 70's and many of these people are deceased. How long do I have to keep these files? Can I just throw them out? Do I need to shred them? Thanks!
2007-05-27 02:49:00 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I keep files for ten years: except for wills which I keep for the life of the client plus ten years. I then send them back to the client. If the mail comes back to me with no forwarding address I shred them
2007-05-27 02:52:53 · answer #1 · answered by Thomas G 6 · 2⤊ 0⤋
Have a wonderful retirement! This issue has plagued me for 30 years and my state bar has no policy. I've been checking with older attorney friends as I age and found what I wish I had known 30 years ago. !st-I do save Will files forever. Now, they're logged into the computer so I know what boxes contain Wills. I'm returning all original documents and shedding what cannot be returned except for some Title abstracts. My state bar will accept historic documents and my state was settled in 1590, so they'll take abstracts, thank goodness.
However, here's what a friend has been doing for years. When he finishes a case, he closes the file and returns all the documents to the client immediately. If it's a case that went to trial, he'll hold them until the appeal period is over. I'm like you. I have a storage unit of old files. I'm going through a box each weekend and sending everything to clients' last known address. If I can't find the client, I'm shredding a lot of documents; advertising in the legals for others; sending some to state archives and probably still keeping a few that seem too unique to destroy now. I'd give anything for guidance from the state bar, but they won't touch this issue.
2007-05-28 00:09:48 · answer #2 · answered by David M 7 · 1⤊ 1⤋
You would need to shred them, if you have a lot of them you can call a shreding company to come pick them up and shred them.
You should keep them for at least 10-15 years, unless the clients are deceased.
Most files should already be filed appropriatly, and since you state they are 30+ years old. I would say shred them.
2007-05-27 11:20:50 · answer #3 · answered by Jeni 4 · 1⤊ 0⤋
While the answers above are both practical and basically good advice (particularly with regard to shredding) you should - before taking any action - check the regulations governing attorneys in your state, just to make sure there is no precise limit for retaining files.
Given that yours are at least 25 years old, you wouldn't seem to be under any such limitation, but it's always prudent to check first, rather than have a problem later!
Best of luck in retirement!
2007-05-27 13:57:25 · answer #4 · answered by Anonymous · 1⤊ 0⤋