legal documents from lawyer office how long to keep

Full Answer

What documents should you keep forever?

Let’s start with the documents you should keep physical copies of forever:

• Birth and death certificates
• Social security cards
• Pension plan documents
• ID cards and passports
• Green cards
• Marriage license
• Business license
• Any insurance policy (good to keep even if the insurer provides access to a digital copy, just in case a problem ever arises)
• Wills, living wills, and powers of attorney
• Vehicle titles and loan documents

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Which documents should you keep and for how long?

What to keep for 1 year

• Paycheck Stubs (You can get rid of once you have compared to your W2 & annual social security statement)
• Utility Bills (You can throw out after one year, unless you're using these as a deduction like a home office --then you need to keep them for 3 years after ...
• Cancelled Checks (Unless needed for tax purposes and then you need to keep for 3 years)

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How long to keep important documents before shredding them?

When you're done with these documents and no longer need them, feel free to shred them:

• ATM receipts
• Bank statements
• Birth certificate copies
• Canceled and voided checks
• Credit card bills
• Credit reports
• Driver’s licenses (expired)
• Employment documents that have any identifying information
• Expired passports and visas
• Investments account numbers

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What personal documents should you keep and for how long?

What personal documents should you keep and for how long? Keep income and expenses, bills and other financial documents, such as monthly bank statements, for up to a year. However, when archiving financial records for tax purposes, you should keep business and personal financial documents, like receipts, for up to 10 years in case you get audited.

What to do when a lawyer and client agree to retain client documents?

If a lawyer and client agree the lawyer retains the client documents, state it in writing. Spell out the specifics on the lawyer's responsibilities, storage, and retrieval fees.

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.

Why is it important to keep client files concise and organized?

The important thing is to keep the client file concise and organized. Simplify file management and retrieval. If documents are in several locations create a single point of access.

How to store a closed file?

Store a closed file onsite at the law firm or in another location. Either way, maintain confidentiality and security. Encrypt files stored electronically. Have a backup system in place to protect against loss or damage.

Why is accurate record important?

Accurate records protect the law firm from improper record handling. It eliminates charges that destruction of a client file was random.

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.

What is file retention?

File retention is a critical issue when a law firm merges, adds or loses partners, or closes. An established retention and destruction policy determines who handles the files.

How long can an attorney keep a copy of a document?

The attorney can keep a copy but State law normally is specific about how long an attorney can keep documents (i.e. 7 years ) before the attorney's copy can be destroyed.

Do you have to hold documents in Michigan?

In Michigan, we need to hold documents indefinitely, however, once notified of the death of a client, any original Will needs to be filed with the probate court, as soon as reasonably possible.#N#If the attorney undertakes to hold onto the clients' original documents, this creates...

How long should a civil attorney keep client records?

The Los Angeles County Bar Association concluded that a civil attorney should retain potentially significant papers and property in the former client’s file for at least five years analogous to Rule 4-100 (B) (3) of the California Rules of Professional Conduct, which requires an attorney to maintain all records of client funds and other properties that the client provided to the attorney for at least five years .

How long do you have to keep a client's file in California?

The California Rules of Professional Conduct do not specify how long an attorney must retain a former client’s file. Specifically, Rule 3-700 (D) (1) does not set a minimum amount of time that an attorney must keep the former client’s file, nor does it explain when, if ever, particular items in the former client’s file may be discarded or destroyed.

What happens if an attorney inspects a file?

If the attorney has reason to believe that the file contains items that are required by law to be retained or that the client will reasonably need to establish a right or a defense to a claim, the attorney should inspect the file for such items and should retain such items for the period required by law or according to the reasonably foreseeable needs of the client. The balance of the file may then be destroyed.

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 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 ...

Does California have a retention period?

Although California courts have not yet addressed the retention period, several bar associations within the state, including the State Bar of California, have provided non-binding guidance on this issue. As a threshold matter, these bar associations have recognized a distinction between civil and criminal cases for purposes of the retention period.

Can an attorney destroy a client's property?

If the attorney has no reason to believe that the items proposed to be destroyed include items required by law to be maintained or that would be reasonably necessary to the former client to establish a right or a defense to a claim, then if the former client cannot be located by any reasonable means, or fails to respond to the notice after a reasonable time, the attorney may destroy the items.

How long do lawyers keep financial records?

Often, lawyers are required to keep financial records for five to ten years. But it can get much more complicated than that.

How long can you keep a copy of a case file in New York?

The rules may say you can throw out a file after seven years, but will your client be interested in that information for longer?

What documents do law firms need to look at?

There are three categories of documents that law firms need to look at: dated legal material, financial information, and case files. 1. Dated legal information. You may be able to shred some of your old legal reference material—but not all of it. Some out-of-date legal material will still have its uses.

How many pages are there in the Harvard case law?

case law, one of the largest collections of legal materials in the world. It includes 40,000 books and 40 million pages of court decisions, including items that predate the U.S. constitution. ...

Can a lawyer digitize documents?

In many places, lawyers can digitize everything, except for a very narrow niche of documents where the original must be held.

Can you shred legal reference material?

You may be able to shred some of your old legal reference material—but not all of it. Some out-of-date legal material will still have its uses.

Do lawyers in New York have to keep records?

But you’ll need to be careful: Rule 1.15 (d) (3) of the New York State Unified Court System’s Professional Rules of Conduct states that New York lawyers must maintain copies of items such as bills and compensation and retainer agreements, but that they must keep records of deposits into firm accounts and special accounts.

What should a lawyer keep in a record?

The lawyer should keep a record of all files destroyed or returned to the client in accordance with the lawyer’s file destruction policy . The record at a minimum should contain the client’s name, address, file number, a brief description of the nature of the matter, the file closure date, the file destruction date or date that the file was delivered to the client, and the name of the lawyer who authorized the destruction or delivery . This will assist a lawyer to counter allegations that a file was destroyed indiscriminately.

Why do lawyers keep client files?

Some of these reasons are for the benefit of the client, while others are for the benefit of the lawyer.

What should a lawyer consider when advising the client of the retention and destruction policy?

The lawyer should consider advising the client how documents will be handled and maintained during the course of the retainer and after completion of the matter. A summary of the file retention and destruction policy may be included in the written retainer agreement or in the final report to the client.

What are client files?

Client files will usually consist of some or all of the following: 1 Paper documents contained in the paper file folder; 2 Electronic documents and electronic data and information contained in the electronic document or file. [2] 3 Documents and or property relating to the client matter but not kept in the paper or electronic file folder.

What is the matter of law when a retainer is terminated?

The documents that must or should be handed over to a client upon the termination of a retainer is a matter of law. The following cases and materials have dealt with the issue of document ownership and may be of assistance to lawyers in determining issues relating to document ownership: Aggio v.

What is the duty of a lawyer to deliver to the client?

In this regard, subject to the lawyer’s right to a lien, the lawyer must deliver to or to the order of the client all papers and property to which the client is entitled and, subject to any applicable trust conditions, must give the client all information that may be required in connection with the case or matter.

What is a paper file?

Paper documents contained in the paper file folder; Electronic documents and electronic data and information contained in the electronic document or file. [2] Documents and or property relating to the client matter but not kept in the paper or electronic file folder.

How long does a medical record need to be kept?

Retention for Medical Records & PHI. HIPAA is a primary focus in medical communities, and has specific retention times. HIPAA requires 6 year retention periods for PHI, but can range based on record type and state laws.

What is a record retention program?

A records retention program includes the systematic storage, tracking, and destruction of business documents and records.

What happens if you pass your retention period?

If records pass their retention periods and start to accumulate, the danger is the increased chances for information to be stolen or lost. Think of it like holes in the wall surrounding your business—the more records you have, the more potential holes you can have.

Where do offsite facilities store records?

Offsite facilities store records in secure, climate-controlled areas with fire-suppression systems in place to ensure all threats are covered.

Is retention time mandated by state law?

Besides federal laws like HIPAA or SOX, retention times are also mandated by state.

Do records pass retention?

For the most part every record will eventually pass its retention period, which is when it becomes important to be sure you’re clearing out clutter. The more sensitive records you have stored, the more sensitive information there is to lose.

Should records be shredded?

Once records finally pass their retention periods, they should be shredded and destroyed. If you want to witness the shredding yourself using mobile shredding is a great option, while offsite is also available for large projects.

Do you need a copy of a trust in Michigan?

As others have indicated, there is no requirement in Michigan that the attorney keep a copy of the documents once they are signed. As a potential beneficiary, you may request a copy of the trust from the current trustee. Then you can have a point of reference if you need to discuss your rights with an attorney. Good luck!

Do estate planning attorneys need to keep originals?

Attorneys are not required to keep originals or copies AT ALL. MANY estate planning attorneys do not retain copies of ANY estate planning documents. Some attorneys will scan them, once signed, and keep a digital copy. I keep copies of documents, but all originals go to the client. This is an area where individual practice varies from law firm to law firm and attorney to attorney. There is no requirement that...