Lawyers often forget that your duty to a client doesn’t end when the representation does. State Bar recommends that California lawyers are required to retain a client’s file for a minimum of five years after the representation concludes—unless the client authorizes earlier destruction.
This obligation includes:
- Pleadings
- Correspondence
- Settlement agreements
- Critical evidence
- Billing statements
- Any document the client might reasonably need
Where lawyers get into trouble is in digital storage, incomplete records, or failing to notify clients before disposing of files. Even worse, some firms treat old files as trash—literally. I’ve seen firms throw out bankers’ boxes of client records without redaction. That’s not just unethical—it’s a data breach.
You have two main duties: preservation and confidentiality.
Whether the file is physical or digital, it must be stored securely. You must also have a policy for client notification when the retention period ends. And if you move offices, switch servers, or go paperless, you must ensure access and security are maintained.
I help law firms create formal file retention and destruction policies, including digital safeguards and client communications. With today’s e-discovery risks and privacy laws, a sloppy archive can cost more than you think.
File management is part of law practice management—and a key marker of professionalism.