Document Retention Policy
The following is our document retention policy for client files, documents, and physical items. This policy is incorporated into our Terms of Engagement and is subject to modification in accordance with below.
Electronic Files Preference and Cloud Hosting
We will maintain in our files materials and items you and other parties send to us, as well as other documents and materials we create or receive in connection with our representation of you (“Client Materials”). We generally do not retain paper or physical files except in rare instances. We keep digital copies of your materials on a third-party cloud-based server, and our computers are also backed up to a separate third-party cloud-based system. The systems we use employ some of the best security protocols available and are generally more secure than most law firm internal proprietary systems, but even these are not without risk of breach. We cannot and do not assume any liability for a breach of any such third-party cloud server or backup system.
Document Retention and Destruction Policy
It is our policy to retain Client Materials in our files during the pendency of an Active Matter and for the retention periods set forth below after the matter becomes an Inactive Matter or the client relationship has been terminated. Once our retention obligation ends, we have no responsibility or liability for any Client Materials left in our care and we destroy such material unless otherwise prohibited by law or rules of professional responsibility, or absent a specific written agreement with you dictating a different retention period. This policy includes, but is not limited to, any written materials or correspondence, our notes and memoranda, CD-ROMs and other media, samples and exhibits, emails, or other electronic files and data, regardless of the source of any such materials.
Record Type Retention Period
Inactive Client Files and/or Client Termination 5 years
Client Trust Account Records 5 Years
Other Client Property 5 Years
For purposes of this Document Retention Policy, “Inactive Client Files” means all files relating to (1) Inactive Matters as well as (2) all matters for a client that is considered “Inactive.” A matter is considered “Active” while we are actively providing service on the project. A matter is deemed “Inactive” once the project is completed (e.g., a trademark/patent/copyright application is abandoned/rejected, the registration expires, the litigation closes, etc.), regardless of whether we send a final invoice or formal disengagement letter. A client is “Inactive” if 6 or more months have passed with the client having no Active Matters, regardless of whether we send a final invoice or formal disengagement letter.
Process for Handling Client Materials
At the conclusion of a matter or upon disengagement, we typically provide a client with the option of either (1) retrieving its Client Materials or (2) authorizing us to destroy the Client Materials. This communication will indicate that the client will have 30 days to respond to the letter with its preference, and that if no response is received within 30 days, we will presume the client does not want the Client Materials returned to them. Regardless of the client’s choice, we will maintain an electronic version of the Client Materials in accordance with our above Document Retention Policy and after the Retention Period, we will destroy the Client Materials with no further notice. If the Client Materials include physical items, we may destroy them at the end of the 30-day notice period.
Modification of Document Retention Policy
The above retention period for Client Materials is subject to change based on applicable legal statutes and requirements specific to a particular matter such as: agreements, discovery procedures, privilege logs and protected documents, etc.
Expense of Reviewing Files
In accordance with our Terms of Engagement, if a client requests access to its files and those files contain confidential materials of third-parties, the client will reimburse us for the cost of reviewing the files to ensure compliance with confidentiality obligations, such as a protective order. We retain the right to seek a pre-paid retainer in advance of conducting the confidentiality review.
