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Every law firm has faced the question “Can I get rid of these legal files yet?” at some point. Storage rooms pile up with banker boxes stacked to the ceiling, and terabytes of data fill your hard drives. You wonder how much of this data you are ethically bound to keep. The files represent years of hard work and sensitive strategies. They may also contain confidential disclosures.
A clear retention strategy helps you meet these rules, protects your law firm, and keeps your records defensible. This guide walks you through how law firms should store legal files until their retention period lapses.
The American Bar Association’s Model Rules require attorneys to safeguard client property, including client files and documents. Rule1.15 addresses the duty to preserve and protect client property. Rule 1.16(d), on the other hand, requires attorneys to “take steps to the extent reasonably practicable to protect a client’s interest.”
Many state bars and courts expand these requirements with specific guidance for file storage and destruction. They require lawyers to maintain files for reasonable periods. When a firm mishandles files, such as by destroying them prematurely, it risks violating these ethical obligations.
Retention also protects firms from liability. For instance, in the event of a malpractice claim or a disciplinary grievance, your file is your best witness. Incomplete records can also hamper discovery. This is why poor retention practices can lead to sanctions when courts or regulatory authorities request files that no longer exist.
Then there’s client trust. Clients notice how you handle their documents even after representation ends. When a client calls two years later to request a copy of their file, they don’t expect to hear that you have destroyed it. Clear retention policies demonstrate professionalism and help build attorney-client relationships.
Client file retention isn’t optional. It’s a professional obligation that directly affects your license, your malpractice exposure, and your law firm’s reputation.
Every law practice handles a wide range of documents, each with different compliance rules and retention timelines. Understanding these categories is the first step toward building an efficient records management system that protects clients and law firms.
Before determining how long to keep files, you need to understand what they constitute. Not every document in a law office qualifies as a client file. A client file contains all records related to a client’s representation, from initial intake to case closure.
Here’s a breakdown of the various document types that may be subject to retention rules:
Retention periods vary by jurisdiction and practice area. Case-specific factors may also affect retention periods.
Most states recommend retention periods between five and ten years after case closure. However, the exact timeline depends on several factors.
First, the type of case:
It’s important to note that statutes of limitations influence retention. Law firms should retain files long enough to defend against malpractice claims tied to particular representations. For minors, the retention clock often doesn’t start ticking until they are of age.
On the flip side, tax-related documents follow Internal Revenue Service (IRS) rules. Those timelines often exceed standard legal retention periods. The IRS can audit tax returns for three years after filing in most cases. However, it can extend this period to six years for underreporting and eliminate it for fraudulent returns.
In some situations, client-specific requests or agreements can also override standard retention policies. For instance, if a client demands a fifteen-year retention agreement in their engagement letter, that contract binds you.
Case Type
Recommended Retention Period
Civil litigation
8–10 years
Criminal cases
Varies; often longer or indefinite
Estate planning
Until client’s death + buffer
Real estate
7+ years
Corporate matters
Permanent for certain records
Retention doesn’t last forever. At some point, you must destroy files, but this carries its own rules. Attorneys must make sure files are eligible for destruction and can only do so after retention obligations have expired. Destroying them prematurely risks ethical violations.
Many jurisdictions require law firms to inform clients before destroying files, so clients can retrieve them. Keep in mind that special rules apply to minors and vulnerable clients, such as those with cognitive impairments. Their files may require extended retention until they reach adulthood.
Documentation also matters, and firms should log what they destroyed, when, and how it was destroyed. They should also have authorization from relevant parties to destroy files.
Certificates of destruction from reputable partners like Corodata help law firms rest assured that they met all the relevant standards and requirements when handling and safeguarding confidential information.
Strategy always beats reacting when it comes to file retention management. Here are the best practices for your law firm to help with smooth document retention:
File retention management isn’t a one-time process. It requires continuous involvement for optimal results.
Law firms typically manage growing volumes of physical and digital records. That’s why where you store your files matters as much as how long you keep them.
Offsite records storage facilities:
When a record reaches its end of life, you must destroy it with the same level of security used to store it. Standard office shredders are often inadequate for thousands of legal files. Legal rules, such as those from the Fair and Accurate Credit Transactions Act (FACTA), require secure destruction methods, including shredding, that prevent exposure or reconstruction.
This is why simple office recycling won’t do. NAID AAA-certified destruction meets industry standards for confidentiality and security. NAID stands for the National Association of Information Destruction. This body conducts thorough audits, both scheduled and unscheduled, to verify whether businesses meet their strict information disposal standards.
Once the process is complete, you receive a certificate of destruction. It proves compliance and shows regulators and clients that the files were destroyed responsibly. These certificates serve as your records showing that you destroyed files in accordance with your retention policy.
Don’t forget hard drives and electronic media that require physical crushing or shredding to wipe all traces of data. Simply deleting isn’t enough since data may still be recoverable.
Retention and storage can overwhelm even the most organized firms. That’s where Corodata steps in. We provide secure legal file storage services for law firms.
Whether you need offsite storage, climate-controlled environments, secure scanning, or specialized evidence handling, we’ve got you covered. Barcodes and inventory logs make sure you can find what you need when you need it.
When it’s time for disposal, we offer secure shredding with certificates of destruction. Processes comply with NAID AAA standards. You’ll have proof of compliance for every file destroyed, along with the timeline.
Records retention isn’t an afterthought. It’s a plan that can build your law firm’s foundation of trust and compliance.
When firms manage client files responsibly, they protect themselves and their clients. They build their reputations and show that they care about their clients’ files. From storage to scanning to secure destruction, we help you keep your clients’ personal data safe and sound.
Build a retention plan that lasts with Corodata. Contact us today to discuss the next steps.
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