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Disposing of old client files.
I have attached the State Bar Ethics Opinion on file retention and destruction.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
Similar to what Mark does, I will scan what I need and then hand back
originals at the 341a hearing. This helps 'lean' my file down to what I
need to keep.
Here's an interesting guide from Chubb Insurance called, A lawyer's guide
to record managment issues
http://www.chubb.com/businesses/csi/chubb4629.pdf
A call to your malpractice carrier might provide additional insight on this
subject.
Happy Shredding!
On Wed, Jan 16, 2013 at 6:03 PM, Mark J. Markus wrote:
> I believe the only thing we are required to keep for 5 years are the
> original signatures of the clients on the various court documents. There
> is nothing requiring us to keep physical copies of ANYTHING else. I never
> accept original documents from clients (and if they hand them to me, I give
> them back). I scan what I need (copy of relevant due diligence documents
> and the worksheets the prepare for me to assist in preparing the petition
> and schedules). The rest are destroyed usually 6-12 months later when my
> pile Hgets high enough.
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
>
> This Firm is a Qualified Federal Debt Relief Agency (see what this means
> at
> http://www.bklaw.com/bankruptcy-blog/20 ... efinition/
> )
> ________________________________________________
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> On 1/16/2013 5:06 PM, Larry Simons wrote:
>
> Last night at the IEBF program, Judge Clarkson stated that client files
> should be kept 5 years.****
>
> ** **
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *On Behalf Of *Desiree Causey
> *Sent:* Wednesday, January 16, 2013 4:25 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* RE: [cdcbaa] Disposing of old client files.****
>
> ** **
>
> ****
>
> My closing letter to my clients say that if they want anything from their
> files, they should let us know immediately because the file is going to
> storage and that we will dispose of the client files after 5 years. I know
> I got the recommendation to add this language from the ethic hotline.
> After 5 years, we shred anything but things we deem important (orders,
> judgments, originals, etc). ****
>
> ****
>
> I am under the impression that the rule is 5 years from closing the file.
> Does someone else have a different opinion?****
>
> ****
>
> * *****
>
> Desiree Causey, Esq.****
>
> Law Office of Desiree Causey****
>
> 17011 Beach Blvd., Suite 900****
>
> Huntington Beach, CA 92647****
>
> ****
>
> 714-375-6663****
>
> 714-908-7646 (fax)****
>
> ****
>
> ****
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Patrick T. Green
> *Sent:* Wednesday, January 16, 2013 3:09 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Disposing of old client files.****
>
> ****
>
> ****
>
> I have 20 years of client files for which I am paying storage charges. CA
> rule of prof conduct 3-700 just says that files are client property, with
> no elucidation regarding how long one has to keep them. ****
>
> ****
>
> My notion is that I will send a letter to clients last known address
> saying that I will dispose of them if they do not contact me in X amt of
> time. We would scan in all orders (which we do for all current files) so
> that if old client calls we will have what they need. What say ye?****
>
> ****
>
> I am also waiting for call back from state bar ethics hotline to see if
> they have any guidance.****
>
> ****
>
> What solutions have any of you come up with to deal with the issue?****
>
> ****
>
> If you have any que stions or concerns, please contact me.****
>
> ****
>
> Pat****
>
> ****
>
> Patrick T. Green****
>
> Attorney at Law****
>
> Fitzgerald & Green****
>
> 1010 E. Union St. Ste. 206****
>
> Pasadena, CA 91106****
>
> Tel: 626-449-8433****
>
> Fax: 626-449-0565****
>
> pat@fitzgreenlaw.com****
>
> ****
>
> ****
>
>
>
Christine A. Wilton, Esq.
Law Office of Christine A. Wilton
*Office:*
5150 Candlewood Street, Suite 17F
Lakewood, CA 90712
*Mailing:*
4067 Hardwick Street, Suite 335
Lakewood, CA 90712
Office: 877-631-2220
Cell: 562-824-7563
Fax: 1-636-212-7078
Email: attorneychristine@gmail.com
Web: www.attorneychristine.com
Blog: www.losangelesbankruptcylawmonitor.com
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Similar to what Mark does, I will scan what I need and then hand back origi
The post was migrated from Yahoo.
I believe the only thing we are required to keep for 5 years are the
original signatures of the clients on the various court documents.
There is nothing requiring us to keep physical copies of ANYTHING
else. I never accept original documents from clients (and if they
hand them to me, I give them back). I scan what I need (copy of
relevant due diligence documents and the worksheets the prepare for
me to assist in preparing the petition and schedules). The rest are
destroyed usually 6-12 months later when my pile gets high enough.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at
The post was migrated from Yahoo.
My closing letter to my clients say that if they want anything from their
files, they should let us know immediately because the file is going to
storage and that we will dispose of the client files after 5 years. I know
I got the recommendation to add this language from the ethic hotline. After
5 years, we shred anything but things we deem important (orders, judgments,
originals, etc).
I am under the impression that the rule is 5 years from closing the file.
Does someone else have a different opinion?
Desiree Causey, Esq.
Law Office of Desiree Causey
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
714-375-6663
714-908-7646 (fax)
The post was migrated from Yahoo.
charsetndows-1252
One suggestion is to put in your retainer agreement that you will be authorized to dispose of the files, three years after the case is completed (tailor the language if needed), and after you send them a notice to their last known address.
And, I believe, if we don't get a response, or didn't have the retainer provision, we are currently scanning the files, and then shredding them, unless there are identified documents in them.... Those electrons take up a lot less storage space.
Jason
Jason Wallach
jwallach@gladstonemichel.com
On Jan 16, 2013, at 3:09 PM, Patrick T. Green wrote:
>
> I have 20 years of client files for which I am paying storage charges. CA rule of prof conduct 3-700 just says that files are client property, with no elucidation regarding how long one has to keep them.
>
>
>
> My notion is that I will send a letter to clients last known address saying that I will dispose of them if they do not contact me in X amt of time. We would scan in all orders (which we do for all current files) so that if old client calls we will have what they need. What say ye?
>
>
>
> I am also waiting for call back from state bar ethics hotline to see if they have any guidance.
>
>
>
> What solutions have any of you come up with to deal with the issue?
>
>
>
> If you have any questions or concerns, please contact me.
>
>
>
> Pat
>
>
>
> Patrick T. Green
>
> Attorney at Law
>
> Fitzgerald & Green
>
> 1010 E. Union St. Ste. 206
>
> Pasadena, CA 91106
>
> Tel: 626-449-8433
>
> Fax: 626-449-0565
>
> pat@fitzgreenlaw.com
>
>
>
>
>
charsetndows-1252
One suggestion is to put in your retainer agreement that you will be authorized to dispose of the files, three years after the case is completed (tailor the language if needed), and after you send them a notice to their last known address.And, I believe, if we don't get a response, or didn't have the retainer provision, we are currently scanning the files, and then shredding them, unless there are identified documents in them.... Those electrons take up a lot less storage space.Jason
Jason Wallach
The post was migrated from Yahoo.
I have 20 years of client files for which I am paying storage charges. CA
rule of prof conduct 3-700 just says that files are client property, with no
elucidation regarding how long one has to keep them.
My notion is that I will send a letter to client's last known address saying
that I will dispose of them if they do not contact me in X amt of time. We
would scan in all orders (which we do for all current files) so that if old
client calls we will have what they need. What say ye?
I am also waiting for call back from state bar ethics hotline to see if they
have any guidance.
What solutions have any of you come up with to deal with the issue?
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.