Cunningham's Counsel Corner

File retention is a critical yet often overlooked aspect of legal practice. Law firms are ethically and legally obligated to maintain client files in a manner that protects confidentiality, ensures accessibility, and aligns with client interests. While some states have specific time periods and document types, most do not. Managing these obligations while mitigating liability requires a thoughtful, and documented, retention policy.

At the heart of file retention are several core ethical duties. First is the duty to safeguard client property. Under Rule 1.15 (Safekeeping ...