Do the ethics rules require me to keep closed client files for a set number of years, and do they dictate how I must destroy those records?

Plain-English summary

The inquiring attorney asked whether the Rules of Professional Conduct require a lawyer to maintain closed client files for a specific period, and whether there is a specified method for disposing of such records.

The Panel concluded that the issue is not addressed by the Rules of Professional Conduct. It directed the attorney's attention to R.I.G.L. 1956 (1985 Reenactment) section 8-14-2, which provides that after a period of seven years or more has lapsed since the disposition of a civil case or matter, an attorney may destroy his or her records relative to that case. The Panel noted the statute does not specify any method of disposal.

The Panel also referred to Rule 1.16 (Required Bookkeeping Records), which sets forth an attorney's obligation to maintain certain accounts, agreements, and records for a period of seven years.

Currency note

This opinion was issued in 1994 (Opinion 94-9, issued February 23, 1994), after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, and the recordkeeping rules and the cited statute may since have changed. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules and the current statute before relying on any specific period or requirement mentioned here.

Common questions

Q: Do the ethics rules say how long a lawyer must keep closed client files?

A: No. The Panel concluded the Rules of Professional Conduct do not address a file-retention period for closed client files.

Q: What does Rhode Island law say about destroying old case records?

A: The Panel pointed to R.I.G.L. section 8-14-2, which allows an attorney to destroy records seven years or more after a civil case or matter is disposed of.

Q: Are there records a lawyer must keep for a set time?

A: Yes. The Panel referred to Rule 1.16 (Required Bookkeeping Records), which requires maintaining certain accounts, agreements, and records for seven years.

Q: Does the statute require a particular method of destroying records?

A: No. The Panel noted that the statute does not specify any method of disposal.

Background and rules framework

The opinion addresses file retention, which the Panel found the Rules of Professional Conduct do not govern. It relied on a Rhode Island statute, R.I.G.L. section 8-14-2, for a seven-year destruction period measured from the disposition of a civil case. It cross-referenced Rhode Island Rule of Professional Conduct 1.16 (Required Bookkeeping Records), the state's counterpart to Model Rule 1.15's recordkeeping provisions, which requires a seven-year retention for specified accounts and records.

Citations and references

Rules of Professional Conduct:

• MR 1.15 / RI RPC 1.16 (Required Bookkeeping Records; seven-year retention of certain accounts, agreements, and records)

Statutes:

• R.I.G.L. 1956 (1985 Reenactment) section 8-14-2 (attorney may destroy case records seven years or more after disposition of a civil case)

See also

• RI EAP Opinion 89-13: obligation to forward a client file to a second-opinion attorney
• RI EAP Opinion 2026-04: correspondence with opposing counsel belongs in the client file

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2094-09.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

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FINAL

ETHICS ADVISORY PANEL
OPINION #94-9 REQUEST #461
Issued February 23, 1994

The inquiring attorney inquires whether the Rules of Professional Conduct require a lawyer to maintain closed client files for a specific period of time. The inquiring attorney further queries whether there is a specified method of disposal of such records.

The issue raised by this inquiry is not addressed by the Rules of Professional Conduct. However, the Panel directs the inquiring attorney's attention to R.I.G.L. 1956 (1985 Reenactment) section 8-14-2 which states that:

After a period of seven (7) years or more has lapsed since the disposition of a civil case or matter, an attorney may destroy his or her records relative to said case.

The statute does not specify any method of disposal of such records.

See also Rule 1.16 entitled "Required Bookkeeping Records" of the Rules of Professional Conduct which sets forth an attorney's obligation to maintain certain accounts, agreements and records for a period of seven (7) years.