Does a lawyer have to keep client files forever, and when may old files be destroyed?
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This page answers the general question as of 1988. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The inquiry concerned the destruction of client files. The committee was of the opinion that a lawyer has no obligation to preserve client files forever.
Before destroying files, however, the committee said a lawyer has an obligation to determine whether anything in the file may have a reasonably foreseeable benefit to the client in the future. If so, the lawyer would be obligated either to provide it to the client or to retain it. If there was no such thing of reasonably foreseeable value or benefit to the client, then the files could be destroyed.
Currency note
This opinion was issued in 1988, before the 2006 revisions to the Washington Rules of Professional Conduct. The rule then numbered RPC 1.14, governing safekeeping of client property, corresponds to Model Rule 1.15 and was later renumbered and amended. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.
Common questions
Q: Does a lawyer have to keep closed client files forever?
A: No. The committee was of the opinion that a lawyer has no obligation to preserve client files forever.
Q: What must a lawyer do before destroying an old file?
A: Per the opinion, the lawyer must determine whether anything in the file may have a reasonably foreseeable benefit to the client in the future. The committee said that if there is, the lawyer is obligated to provide it to the client or to retain it.
Q: When may a file be destroyed?
A: The committee was of the opinion that if there is nothing in the file of reasonably foreseeable value or benefit to the client, the file could be destroyed.
Background and rules framework
The opinion addresses a lawyer's handling of client files under the rule then numbered Washington RPC 1.14, governing safekeeping of client property, which corresponds to Model Rule 1.15. The committee framed the analysis around a single factor: whether the file's contents have a reasonably foreseeable future benefit to the client. Material that does must be given to the client or kept; material that does not may be destroyed.
Citations and references
Rules of Professional Conduct:
- Washington RPC 1.14 (safekeeping of client property), corresponding to Model Rule 1.15.
See also
- WSBA Ethics Op. 1176: asserting a possessory lien on a discharged client's file
- Alabama Ethics Op. 1993-10: how long to keep closed files and how to destroy them
- California Ethics Op. 2001-157: retention and destruction of former-client files
- Illinois Ethics Op. 12-06: maintenance of client files and records
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=265
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1185
Year Issued: 1988
RPC(s): RPC 1.14
Subject: Client property; client files; destruction.
The Committee considered your inquiry concerning the destruction of client files. The Committee was of the opinion that a lawyer has no obligation to preserve client files forever, but before destroying files, a lawyer has an obligation to determine whether anything in file may have a reasonably foreseeable benefit to the client in the future. If so, the lawyer would be obligated to either provide it to the client or retain it. However, if there was no such thing of reasonably foreseeable value or benefit to the client, then the files could be destroyed.
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