how long must a lawyer keep client files in massachusetts

How long does a lawyer have to keep a client file?

In general, and unless the file has been transferred to successor counsel or the client, a lawyer must hold onto a client’s file for six years after the matter has been completed or the engagement has been terminated. Mass. R. Prof. C. 1.15A(c).

Is there a new rule for client files in Massachusetts?

Find the answers to your questions here. On June 7, 2018, the SJC adopted an order that amends the Rules of the Supreme Judicial Court, and in particular, Massachusetts Rules of Professional Conduct, adding Rule 1.15A regarding client files. This new rule is effective September 1, 2018.

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.

How long should you hold onto malpractice files?

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. It is well worth having a policy, just for a chance of a reduced premium.

How long do attorneys keep records in Massachusetts?

six yearsExcept for materials governed by paragraphs (d), (e) and (f), a lawyer shall take reasonable measures to retain a client's file in a matter until at least six years have elapsed after completion of the matter or termination of the representation in the matter unless (i) the lawyer has transferred the file or items to ...

How long should you retain a client 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. However, for certain types of legal matters, you must keep the files even longer.

How long are legal files kept for?

You should store the original will until after the death of the client, or until you are able to return the original to the client. Some firms keep wills indefinitely, while others have a policy of holding the original will for 50 years from the date of its creation.

How much time do lawyers spend on documents?

The report found that information workers (including lawyers and other professionals who are connected to the Internet and create, edit, review and/or approve electronic documents) spend 11.2 hours a week dealing with challenges related to document creation and management. At least six hours of this is wasted time.

When can you destroy files?

As mentioned previously, when the retention period ends or when you no longer need a document or a set of documents, you should securely destroy them. As long as they don't relate to customers or contain employees' personal details/company information, you are able to destroy them as soon as the retention period is up.

Are emails part of client file?

All emails are printed and placed in the client's file. they end up in folders in Outlook, junking up memory. client. inbox into client folders.

Who owns client records?

Usually the client owns documents: they sent to your firm, except where ownership was intended to pass to your firm. sent or received by your firm acting as the agent of the client.

What is the purpose of law firm document retention and destruction policy?

A formal, written RMP provides clear direction to law firm staff about how records should be created and maintained, how long they should be kept, how they should be destroyed, and who should oversee the process.

How long do you need to keep contract documents?

six years3.2 The direct effect of the Limitation Acts is therefore that many contractual records need to be retained for six years after the end of the contract.

Why do lawyers bill in 6 minute increments?

Why do lawyers bill in six-minute increments? Billing six minutes at a time is standard practice for practical reasons: Manually billing by the minute or in smaller increments is difficult and time-consuming to track and calculate by hand.

How much time do lawyers spend on administrative tasks?

According to a survey of 2,915 U.S. legal professionals, including some who use Clio, the lawyers devote 48 percent of their time on administrative tasks, such as licensing and continuing education, office administration, generating and sending bills, configuring technology and collections.

How do attorneys track their time?

1) The legal software stopwatch The stopwatch is a tried and true means to track time. Most modern legal software systems provide this time-tracking feature. For example, if a lawyer opens a case file, there's usually a digital stopwatch they can click to begin tracking the time spent on a task.

When did the Massachusetts Rules of Professional Conduct become effective?

This new rule is effective September 1, 2018. You can view the new rule, here and read what Bar Counsel has to say about the new rule, here.

What is not included in client file?

The client’s file does not include firm administrative data such as billing records, conflict checks, and administrative communications with the client. Rule 1.15A, Cmt 5.

What is a lawyer's work product?

Lawyer’s “work product” is defined for purposes of the rule to include “documents and tangible things prepared in the course of the representation of the client by the lawyer or at the lawyer’s direction by the lawyer’s employee, agent, or consultant”, but as per comment 3 , do not “ordinarily” include a lawyer’s personal notes. ...

Do you have to turn over documents if you have a contingency fee agreement?

If the client agreed in the fee agreement to pay for investigatory or discovery documents and has not, you are not required to turn over those documents. Under a contingency fee agreement, you need only turn over work product for which the client has paid.

Can you mark up copying costs?

However, you cannot mark up the cost ; it must be commensurate with your actual copying costs.You can also charge for delivery of the file; but, again, you cannot mark up the cost. Rule 1.15A (b). CATEGORIES: Client Relations , Ethics , Law Firm Management , Planning , Risk Management , Uncategorized.

Do you have to address retention in a letter?

Yes, the Rule specifically encourages you to do so. Furthermore, best practice is to also address retention in your final communication (i.e. closing letter or disengagement letter), specifically, “where particular arrangements for disposition or transfer have not been made”. Rule 1.15A, Cmt 1.

How often should a lawyer prepare a reconciliation report?

For each trust account, the lawyer shall prepare and retain a reconciliation report on a regular and periodic basis but in any event no less frequently than every sixty days. Each reconciliation report shall show the following balances and verify that they are identical:

How many bank accounts do lawyers have to have to receive trust funds?

Each lawyer who receives trust funds must maintain at least one bank account, other than the trust account, for funds received and disbursed other than in the lawyer’s fiduciary capacity.

What records do you need to keep for a trust account?

For each trust account, the lawyer shall retain contemporaneous records of transactions as necessary to document the transactions. The lawyer must retain: (i) bank statements. (ii) all transaction records returned by the bank, including canceled checks and records of electronic transactions.

Who submits annual report to the court describing their IOLTA activities for the year?

The Massachusetts Legal Assistance Corporation and other designated charitable entities shall submit an annual report to the court describing their IOLTA activities for the year and providing a statement of the application of IOLTA funds received pursuant to this Rule.

Who shall promptly notify the client or third person of a trust?

Upon receiving trust funds or other trust property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. Except as stated in this Rule or as otherwise permitted by law or by agreement with the client or third person on whose behalf a lawyer holds trust property, a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive.

When is a lawyer's right to receive a disputed portion of a trust account refunded?

If the right of the lawyer or law firm to receive such portion is disputed within a reasonable time after notice is given that the funds have been withdrawn, the disputed portion must be restored to a trust account until the dispute is resolved.

Who maintains trust accounts?

A lawyer shall maintain trust accounts only in financial institutions which have filed with the Board of Bar Overseers an agreement, in a form provided by the Board, to report to the Board in the event any properly payable instrument is presented against any trust account that contains insufficient funds, and the financial institution dishonors the instrument for that reason.

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.

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.

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 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.

When do documents go to the client?

All documents go to the client at the end of the case, unless the client and lawyer make a different agreement. This means anything the client gave to the lawyer, and all documents the lawyer produced.

What happens when a law firm closes a file?

When a file closes, the primary lawyer reviews the file and sets the destruction date. Of course, a situation may arise during the retention period that changes the date. If so, the law firm should have a system in place that identifies when the destruction date changes.

What is the promise to keep client matter confidential?

The promise to keep client matter confidential is ongoing. Lawyers must protect client confidentiality and privacy when disposing of files. Shred or burn paper documents. The lawyer must guarantee that confidentiality remains intact throughout destruction and disposal. Destroy the entire contents of the client files.

Why is retention important?

Protection Against Malpractice Charges. One reason for retention is to protect the firm against allegations of malpractice. It's vital when the case documents are the only evidence available for defense against a claim. This can happen when information from other sources isn't available.

Can a lawyer keep client files forever?

No lawyer is bound to keep client files forever. Each case has different needs. Lawyers must consider the following aspects of a case to determine how long to keep a file.

Who is the best person to review client files?

When the retention period ends review the client files once more. The best person to review the files is the primary lawyer . If that's not possible, have another lawyer review the files before destruction.

Can a breach of contract lawsuit happen after the act is done?

A negligence or breach of contract claim against a lawyer or law firm can happen long after the act occurs. There are some time limits, but each state's Statute of Limitations is different. Legal malpractice lawsuits involve failure to meet the professional standards expected.

Where are lawyers files stored?

All files will be stored “in the cloud” using widely-used providers such as SugarSync and Dropbox.

What does a lawyer's file not include?

However, it does not include every scrap of paper and every bit of electronic information in the lawyer’s possession. Among other materials, the “file” does not include: materials that would violate a duty of nondisclosure to another person; materials containing a lawyer’s assessment of the client; materials containing information which ...

What happens to a lawyer when he terminates a representation?

In those jurisdictions, at the termination of a representation, a lawyer must surrender papers and property related to the representation in the lawyer’s possession unless the lawyer establishes that a specific exception applies and that certain papers or property may be properly withheld.

Where do lawyers keep their property?

Funds shall be kept in a separate account maintained in a bank or similar institution in the state where the lawyer’s office is situated, or elsewhere with the consent ...

Can a lawyer destroy a client's files?

Lawyer may thereafter destroy all of Client’s files without further notice to Client. Client may request in writing that Lawyer make available to Client or the Client’s designee any PDF files in Lawyer’s possession that have not been destroyed. Within seven (7) days of receipt of such request, Lawyer shall make electronic (not hard-copy) ...

1 attorney answer

Most lawyers will keep a file either indefinitely or for a period of years between 7 & 10. I believe (not positive), that the Texas Bar suggests we keep our files at least 3 years. The file belongs to the client and if the lawyer has it, and the client requests, the lawyer must provide a copy of the file to the client.

Cynthia Russell Henley

Most lawyers will keep a file either indefinitely or for a period of years between 7 & 10. I believe (not positive), that the Texas Bar suggests we keep our files at least 3 years. The file belongs to the client and if the lawyer has it, and the client requests, the lawyer must provide a copy of the file to the client.