Stevenson’s question raises possibly dangerous consequences. We now have the technical capabilites to retain everything indefinitely, he reminded the group. But if a former client is involved in litigation 10 years from now, the discovery trail could lead right back to your archives. So how long do you keep records? Six months or six years? Do you destroy the records or return them to your client? Don’t look to the government to help — there are no solid guidelines.
So what to do to protect your firm? Write a records retention policy — and make sure to follow it, Stevenson says. The court will likely judge you based on the reasonableness of your actions.
