Folks,

  I was a panelist in the Paperless Office presentation in last week's Solo and Small Firm Conference in Cherry Hill.

  During the session I said that there were three formal ethics opinions regarding client file retention, but I did not remember the opinion numbers. They are #692, #692 (Supplement) and #704. I have attached copies of these opinions for your convenience.

 

  I was also asked to share the section in my standard retainer agreement relating to client file retention. Here it is, and you may use it or modify it as you wish:

 

File Retention Policy

 

The law firm will maintain your file for at least seven years after your matter concludes. It is our policy to maintain all documents in electronic form only – primarily PDF files. By signing this agreement you consent to the secure destruction of the paper file, except for documents which are required to be maintained in original form. You may request a copy of your file at any time during, upon conclusion of, or after conclusion of your matter, which will be delivered to you on an optical disk (CD or DVD).

 

Though your electronically maintained file may be destroyed seven years after your matter concludes without further notice, it is our policy to keep your file in electronic form for as long as is practicable. However, the firm is not obligated to protect your electronic file from destruction, or guarantee its readability, after seven years.

 

All documents which are required to be maintained in original form (such as Wills, Deeds, etc.) will be returned to you when your matter concludes.

 

  Even if you won't be going to any of the Solo and Small Firm Conferences, I hope this helps!

Best,

Ed

 

* * *

Edward J. Zohn, Attorney at Law

Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

908.791.0312 voice; 908.660.4866 fax

"Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto

www.zohnlaw.com