Law Practice Essentials

At all stages of practice, lawyers should keep storage issues in mind. What happens when a firm dissolves, or a lawyer quits practice or dies? Lawyers retiring from larger firms may have fewer concerns, as the remaining firm members continue to arrange for file storage.  File retention and destruction issues are very important planning issues for sole and small firm practitioners.  Who will want to take responsibility for client files when a lawyer retires? Who will pay for storage? From the day a lawyer begins practice, they should try to reduce the file materials they retain and set file destruction dates for closed files. 

The lawyer will have to identify where closed files will be stored. If the retiring or inactive lawyer’s files are to be held by or transferred to another lawyer, the receiving lawyer must also sign the form to confirm the agreement and receipt of the files. 

In addition, lawyers should consider preserving appropriate firm records as archives. This involves identifying records which are of long-term legal or historical value, and then transferring these records for preservation under appropriate conditions. When considering whether to transfer file contents to an archive, lawyers must carefully address issues of privilege and confidentiality. Client confidentiality must be preserved indefinitely and does not end with the retainer or die with the client. Ideally, lawyers should get a release from their client or the client’s estate or successors before releasing any confidential or privileged information.  The Legal Archives Society of Alberta may be contacted for more information: telephone (403) 244-5510 or by email at lasa@legalarchives.ca.