how long must a lawyer retain client files in oklahoma

by Dr. Vernon Hansen Jr. 5 min read

There is not a universal rule. ORPC 1.15 requires account records and other client property be kept for (5) years after termination of the representation. A good general policy is seven (7) years, assuming other law does not apply, and there are not special circumstances. But, there are often in fact those considerations, e.g. unexpired statutes of limitations, an adoption, a minor, estate planning, an appeal etc. Therefore, there should be a file-by-file consideration.

1. There is not a universal rule. ORPC 1.15 requires account records and other client property be kept for (5) years after termination of the representation. A good general policy is seven (7) years, assuming other law does not apply, and there are not special circumstances.

Full Answer

How long should you retain client files?

The lawyer’s right to retain a file when a fee has not been paid or a fee is in dispute has traditionally been thought of as not a matter of ethics but a matter of law. See Informal Opinion 1376 and Formal Opinion 209. It is clear that there is nothing unethical about a lawyer acquiring a possessory lien in the files given to him by his client in order to secure the payment of proper …

Can a lawyer retain client documents?

Jul 09, 2017 · How long does an attorney in the state of Oklahoma keep the original will on file? Lawyer directory. Find a lawyer near you. Avvo has 97% of all lawyers in the US. Find the best ones near you. First, choose your state: Alabama; Alaska; Arizona; Arkansas; California; Colorado; Connecticut; Delaware ...

How long should a law firm hold onto its records?

Nov 27, 2019 · 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. However, for certain types of legal matters, you must keep the files even longer.

Why do law firms keep client files?

Aug 27, 2020 · In the state of Oklahoma, how long are divorce attorneys required by law to keep all records of a client case including email. My divorce was final in April 2017 in Oklahoma. I need my attorney to provide records of an email/text that I sent to her with crucial evidence to a potential legal claim against opposing counsel.

How long do lawyers have to keep their files?

ten full years
What are you required to keep? Law firms are required to keep all prescribed financial records for a minimum of ten full years, in a format that is retrievable on demand (Rule 119.35(1)). Only those parts of client files which are required to support the prescribed financial records must be retained (Rule 119.34(6)).

What is a document retention policy?

A document retention policy is also referred to as a records retention policy, records and information management policy, recordkeeping policy, or records maintenance policy. It codifies an organization's expectations for how its data is handled, from creation to destruction.Jul 15, 2021

What kinds of files do law firms maintain?

Law firms generate and maintain huge volumes of records. Most legal records are legal case files called "matters." Litigation work is the most prolific of all legal files, and it is not uncommon for a single matter to generate several boxes of files.

How long does an attorney have to keep client files in Texas?

5 years
Rule 15.10 of the Texas Rules of Disciplinary Procedure requires that trust account records must be retained for 5 years, and Texas Rule of Civil Procedure 76a considers certain settlement agreements and discovery materials to be court records that must not be destroyed.Jan 18, 2016

How long must data be kept?

You can keep personal data indefinitely if you are holding it only for: archiving purposes in the public interest; scientific or historical research purposes; or. statistical purposes.

How long should you keep important documents?

Knowing that, a good rule of thumb is to save any document that verifies information on your tax return—including Forms W-2 and 1099, bank and brokerage statements, tuition payments and charitable donation receipts—for three to seven years.

What is the best way to organize legal documents?

Keep reading to find out everything you need to know to stay organized.
  1. Start by Evaluating Your Current Organization System. ...
  2. Declutter Your Working Space. ...
  3. Create a Keep or Throw-Away Box. ...
  4. Separate Legal Documents by Type. ...
  5. Use Alphabetical or Chronological Order. ...
  6. Organize the Filing Space. ...
  7. Label Your Files.
•
Mar 29, 2021

How do you organize legal case files?

When it comes to a legal file, the magic words are “chronological order.” Within each folder, the most recent documents should be on top, the oldest on the bottom. Remember to label each folder so you don't have to look inside each to figure out what's in there.

How do you organize a legal file?

How to Organize Legal Files: A 5 Step Approach
  1. Step 1: Declutter and Sort Out. The very basic start would be to declutter your existing files. ...
  2. Purge and Dispose of Unnecessary Documents. ...
  3. Step 3: Organize Your Existing Filing System. ...
  4. Step 4: Determine Your law Office Filing System. ...
  5. Step 5: Consider Going Digital.
May 10, 2021

Ethics Counsel

A client for whom you or a member of your law firm has done work comes to the law office and requests that all of his files be delivered to him.

Ethics Opinion No. 295

A client for whom you or a member of your law firm has done work comes to the law office and requests that all of his files be delivered to him.

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.

How to dispose of client files?

How Do Law Firms Dispose of Client Files? 1 Before destroying a client file, make sure an attorney reviews it. Is there any reason why the file should be preserved longer? Are there any original documents in the file, such as contracts, that should be saved? 2 Send a letter to the client's last known address stating that the file is about to be destroyed and that the client is welcome to pick it up. Obtain a receipt for any files you return. 3 Keep an organized inventory of how you handled each file (e.g., permanently deleted it, shredded it, returned it), and the date of the disposition.

What is matter closing?

Matter closing can be an opportunity to remind the client of the work that was performed and the firm's desire to represent them in the future. In a perfect world, you would contact your former clients and they would come and pick up their files.

What is Findlaw's integrated marketing solution?

FindLaw's Integrated Marketing Solutions can help you create a comprehensive plan to target your market audience so that you will have a steady flow of new client files to keep your files full.

What is estate planning?

Estate planning for living clients, Trust funds, Minors, Continuing child custody or support obligations, Prenuptial agreements, Long-term contracts with continuing obligations, Tax matters of certain kinds, and. Criminal matters. In some fields such as tax and probate, statutes address how long records must be kept.

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.

Can you keep every case file for all time?

If you practice law, no doubt you wonder about document storing for closed cases. It doesn't make sense to keep every file from every case for all time. And, it's not smart to treat all case files in the same way.

How to determine destruction date?

Determine the Destruction Date 1 Legal and Regulatory Requirements 2 Client's Need 3 Defend Against Allegations of Professional Negligence or Misconduct 4 Nature of the Matter 5 Clients Under a Disability: Minors and Incapable Persons

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.

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.

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.

Why is a policy important?

A policy helps your firm control records, manage risk, and meet legal responsibilities. This article examines important aspects of legal document storage. Keep in mind no single policy exists to cover every situation.

What is the rule for representation of a client?

If that occurs, Rule 1.16, at (d) requires that the lawyer deliver to the client all papers and property to which the client is entitled, complying with applicable laws and rules. Client papers and property, which may include correspondence, pleadings, deposition transcripts, exhibits, physical evidence, expert reports, and other items reasonably necessary to the client’s representation, shall be promptly delivered to the client.

What documents can be closed at the conclusion of a representation?

This may include going through the file and determining what original documents to return to the client. These would include documents such as original photos, wills, deeds, stock certificates, birth/death certificates, promissory notes and any other documents belonging to the client. If correspondence, pleadings, exhibits, etc., have not already been given to the client during the representation, they may be sent along with the original documents.

Terminating the Lawyer-Client Relationship in Oklahoma

You have the right to terminate your lawyer at any time. Terminating your lawyer does not relieve you of your responsibility to pay for any services rendered up to that point.

How to Properly Terminate Legal Representation

Here is how to best fire your lawyer so as to avoid any ambiguities or problems later.