For many, the shift to working from home during the pandemic made clear that the use of a physical "client file" for a matter may be becoming a thing of the past. Instead, attorneys routinely access and create documents in a myriad of ways, including through online document management platforms, email accounts, and note-taking applications.

As a result, when the client asks for a copy of its "file" at the end of a representation, the answer may not be straightforward. It may be obvious that some documents are typically included, such as court filings or letters sent to opposing counsel. But it may be less clear whether all attorney-generated documents—including memos or notes—should be provided as part of the client file or in response to a subpoena.