Law Practice Essentials

In addition to the Law Society Rules and statutory references above, Code of Conduct provisions are relevant to file closing and storage. These include:   

• Preserving confidentiality: This duty continues after the professional relationship ends (Code of Conduct, Rule 3.3-1). 
  
• Preserving client property: Client property including funds, wills, minute books, and all other papers and files. Lawyers are required to care for client property as a careful prudent owner would and must observe all relevant rules and law. Original testamentary documents (e.g., wills, powers of attorney, personal directives) should not be destroyed unless and until the lawyer knows the client is deceased, probate has been sought, and any applicable limitation period has run. Best practice is to ensure original testamentary documents are given to the client at the time of signing. The lawyer must then store their file for the same period that they would have stored those originals, but can do so electronically (Code of Conduct, Rule 3.5-1). 
  
• Accounting for client property: A lawyer must account for client property in their custody and, where appropriate, return it to the client (Code of Conduct, Rules 3.5-2 and 3.5-5). 
  
• Successor lawyer: A lawyer must provide client files to successor counsel, subject to a lawyer’s right of lien (Code of Conduct, Rule 3.7-7(b)). 
  
• Explaining costs: A lawyer should explain fees or disbursements a client might not anticipate, such as file storage and retrieval costs (Code of Conduct, Rule 3.6-1 and Commentary para 4).