how long does a lawyer have to retain files texas

How long does an attorney have to retain a client file?

Attorneys are free to choose a longer or shorter term of retention of client files. Some permanent record should be maintained that describes the file and its disposition. The California Rules of Professional Conduct do not specify how long an attorney must retain a former client’s file.

How long are records retained in Texas?

Original is retained for 50 years by the State and Local Records Management Division, Texas State Library and Archives Commission. Forms used to track the transmittal of records to/from onsite and offsite storage areas or a transfer of physical custody.

How long should a law firm hold onto its records?

It's prudent to hold onto files at least until the statute of limitations for legal malpractice has run -- and remember that the discovery rule might apply. Besides, your malpractice insurance company looks favorably upon firms with file retention policies.

How long do you need to keep legal documents?

The Model Rules suggest at least five years. See Model Rule 1.15 (a). Many states set this requirement at six years, and some set it even further out. However, for certain types of legal matters, you must keep the files even longer. These include, among others, issues that deal with: Criminal matters.

5 attorney answers

In your jurisdiction, the rules require that the record of account and other property shall be maintained by the lawyer for a period of five (5) years after representation has terminated.

Richard Todd Rosenstein

Texas Rule of Professional Conduct 1.14 (a) says, in part: "Complete records of such account funds and other property shall be kept by the lawyer and shall be preserved for a period of five years after termination of the representation." Not sure if that answers your question...

Daragh John Carter

As Mr. Carter advises, the rules of professional conduct require the records be maintained for 5 years. Good luck.

What is the phone number for the Texas State Library?

For assistance in evaluating records having possible historical value, contact the Archives and Information Services Division of the Texas State Library and Archives Commission at 512-463-5455.

What is a retention schedule?

A records retention schedule is a document that identifies and describes a state agency’s records and the lengths of time that each type of record must be retained. Texas state agencies and public universities are required to submit their retention schedules to TSLAC on a timetable established by administrative rule.

Do records management officers have to make certain records not part of another series?

CAUTION: Records management officers should make certain records are not part of another records series listed in this schedule or, for records series unique to an agency, are not part of a records series that documents the fulfillment of the statutory obligations of the agency or the documentation of its functions.

Do agencies need to keep records?

Retention periods listed in the RRS are required minimums. Some agencies may need to keep some of the records listed for longer periods; agency legal staff should be consulted. Federal or state statutes or regulations requiring longer retention periods override retention periods in the RRS.

How long do you have to keep a file?

The answer is: it depends on the type of file. State bars have various rules about the minimum amount of time to keep files. The Model Rules suggest at least five years. See Model Rule 1.15 (a). Many states set this requirement at six years, and some set it even further out.

What is a law firm record management policy?

Most law firm records management policies use a matter-centric approach, creating a policy that analyzes individual client files to determine whether they should be retained. While an entire client matter will be considered for retention at one time, both the physical and electronic files must still be well-organized.

Why do bar associations recommend hanging onto files for the life of the client?

In some fields such as tax and probate, statutes address how long records must be kept. In the criminal law context, bar associations often recommend hanging onto files for the life of the client, because of the possibility of habeas corpus petitions and other post-trial actions. ...

What are the Texas disciplinary rules?

The Texas Disciplinary Rules contain specific governing rules on many subjects important in the proper conduct of the practice of law in Texas–for example, protecting client confidences, conflicts of interest, solicitation of legal business, and lawyer advertising. But, with few exceptions, the Texas Disciplinary Rules themselves do not ...

Can a lawyer hold files beyond the time period?

Consequently, if a client requests that a lawyer continue to hold files beyond the time that the files are required to be held under the principles discussed above, a lawyer need not comply with the former client’s request unless the client takes appropriate steps to pay for the requested additional period of storage.

File Retention Rules for Texas Lawyers

According to the Texas Center for Legal Ethics’ Opinion 627 (April 2013), an attorney can dispose of client files after the proper “passage of time.” The opinion does not state how long this period is, but uses a five-year retention period as its basis.

The Hassle of On-Site Storage

Once you determine how long you will store the various documents your legal practice produces, you will need plenty of space to store these records until it is safe to dispose of them, and then a plan for secure document destruction. But even the best, most organized on-site file retention and destruction system is not without issues.

Convenience and Peace of Mind With Armstrong Archives

Legal file storage is a sensitive practice. Proper document retention and destruction requires knowledge of legal ethics, guidelines, laws, and confidentiality agreements, as well as standard archival practices. Going through this process without professional help can result in headaches and legal consequences.

Can an attorney foresee the future utility of the information contained in a criminal case?

In criminal matters, the attorney cannot foresee the future utility of the information contained in the file. The Committee concludes, therefore, that it is incumbent on the attorney in a criminal matter to obtain some specific written instruction from the client authorizing the destruction of the file. Absent such written instruction, the attorney ...

Is physical space necessary for client files?

Physical space may not be as great an issue in the digital age regarding the storage of client files, but the fact remains that the storage of client files is necessary for some time. But how long?

Can an attorney choose a longer or shorter term of retention of client files?

Attorneys are free to choose a longer or shorter term of retention of client files. Some permanent record should be maintained that describes the file and its disposition. The California Rules of Professional Conduct do not specify how long an attorney must retain a former client’s file.