Law Practice Essentials

Lawyers require a process to bring those files in need of destruction to their attention. Possible methods include maintaining them in a diary system or a process whereby the closed file listed is reviewed at regular intervals to identify those that are ready for disposal.  

When the day comes for the file to be destroyed, additional processes will be necessary. The most common method of destruction of paper or hard copy files is shredding. A professional shredding service, a student or assistant can do this, or a lawyer can shred the files themselves. The most important consideration with this process is exercising due diligence to protect confidentiality throughout the shredding process. It is best if the shredded paper is then recycled in a secure manner and that no portion of the file remains intact and thrown in the trash, dumpster or public recycling bin. In some rural areas and with due care and attention, burning paper files may also be an option.  

Firms that store closed files digitally on hard drives, USB sticks or in the cloud, will need to create a process for the complete deletion or destruction of the file. Hard drives and USB sticks cannot simply be dumped into the trash, donated or sold. Because programs exist to reformat hard drives, extra care and attention must be taken. If files are deleted from the cloud, attention must be paid to ensure they have not been backed up to another server. If they have, the back-up must also be deleted.     

Numerous considerations are at play during the life of a file and, as is evident above, closed files also require numerous considerations. Lawyers can meet their obligations and make it easier and more cost effective for their future selves with the creation and maintenance of thoughtful closed file retention, storage and disposal processes.