I work for a lawyer who runs a small practice with only a couple employees. We have limited space, and are running into a big problem with storing old case files. Cases we handle frequently fill up 10 or more cardboard file boxes, and we’re simply running out of places to put them. My boss says we’re not allowed to destroy them, and the only way to get rid of them is to give them back to the client after the case is over. The problem is, most of our clients don’t want to come to the office and pick up 10-15 boxes of case files, and I don’t think we ought to have to deliver the files to the clients, either. I don’t particularly feel like schlepping a bunch of boxes around to people in my car.
I’m just curious what most law firms do with their old case files. It seems like their ought to be an easier solution than what my boss is coming up with, but I have no idea what it might be.
For your employer’s own protection, he should keep all client files until the term of your state’s statute of limitations on legal malpractice has expired (or if your employer handles cases in U.S. courts, the federal statute of limitations).
What type of law does your employer practice? Civil or criminal? Family law?
Can you look into confidential off-site storage? The last doctor’s office I worked for did that with angiograms in film canisters, and I know some medical records departments have off-site storage arrangements.
Either that, or rent a big storage locker - but the advantage of the off-site facilities is that usually someone there will be able to retrieve items for you if you label them properly, and drop them off/pick them up.
You might ask your malpractice insurer what to do. My malpractice insurer sent me a video; one of the segments dealt with the question of how to handle old case files. As I recall, the advice was to put something right in the retainer agreement about return/destruction/etc. (But what if you shred the retainer? D’oh!)
Personally, I let the stuff pile up. But my cases don’t generate a lot of paperwork.
For closed files, my governmental entity does a by-hand pre-storage file purge in which all notes, research, drafts of pleadings/agreements/etc., and other extraneous materials are removed from the file and recycled or shredded. The closed files are then kept in off-site confidential storage, where they sit for a great many years (like more than 20) and eventually are shredded.
Returning the file to the client is not a great idea, in the unlikely event the issue that arises is the attorney’s malpractice. In that event, the person making the accusation is the one who has your file.
Some firms prune their to-be-stored files to the point where all they keep is correspondence and pleadings. I’m not sure that’s a great idea, but you can buy yourself some space by going through the files at closing and taking out the research materials, drafts, and notes that invariably collect in a file.
I would think that BrotherCadfael had the right idea with digitizing them, but what makes me wonder is why they didn’t start out electronic to begin with. You are a law office, surely you can afford a computer! Paperless offices are not practical (paper in the hand still feels good), but printing important info is generally a good idea. At that point, it is ready for long-term storage.
BTW, (threadjack) what is the best way of storing digital files long-term?
My firm has a big storage room for old files, but those that are more than a couple of years old go off-site. I am not sure of the logistics of the arrangement, but I do know that if we request files that are stored off-site during the day, we can generally receive them by close of business.