Reviewing and revising a law practice’s document retention and disposal practices is an aspirational goal for many law firms. Indeed, setting such a policy can be quite difficult. One reason is that the rules of professional conduct provide little direct guidance. Another is that there exists no standard, one-size-fits-all approach that has been approved by the courts. As a result, practitioners and their firms are left to consider a system that makes practical sense for the client and attorney, while taking care that whatever rules of professional conduct might be implicated are not violated.
The rules do not require firms to have a well-defined document retention and disposal policy. Indeed, it is not per se error for firms to decide to keep files forever or to destroy files on an ad-hoc, case-by-case basis (as long as other obligations under the rules are considered).
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