File Retention

What is file retention?

File retention refers to how long you keep client files after a matter concludes. Professional rules, statutes of limitations, and practical considerations all influence retention periods. Keeping files too briefly risks destroying evidence or documents clients may need. Keeping files too long wastes storage and creates unnecessary discovery obligations. A documented retention policy balances these concerns.

Setting retention periods

Different file types warrant different retention periods. Tax records may need seven years or more. Litigation files often require retention through appeal periods plus the limitations period for malpractice claims. Transactional documents may be needed for the life of the deal. Some items like original wills require permanent retention. Research your professional obligations and create a policy with appropriate periods by matter type.

Implementing retention practices

Track retention dates in your matter management system. Review files for destruction eligibility regularly. Document what was destroyed and when. Store files accessibly during the active retention period. Consider electronic storage for space efficiency. Notify clients before destroying files and offer to return documents if desired. Consistent application of your retention policy is as important as the policy itself.