Attorneys maintain files on their clients’ cases with documents (and sometimes other property) that clients have provided in connection with those cases. These files have to be returned to the client, at a client’s request, when the attorney’s “employment has terminated,” subject to “any protective order or nondisclosure agreement.” Cal Rules of Prof Cond 3–700(D)(1). Given this rule, it’s imperative that attorneys establish an office policy on the retention and disposition (including destruction) of client files, and notify clients of this policy.
Case files routinely contain documents (and sometimes other property) that clients have provided. The California Rules of Professional Conduct require that an attorney return these items, at a client’s request, when the attorney’s “employment has terminated” (subject to “any protective order or nondisclosure agreement”). Cal Rules of Prof Cond 3–700(D)(1). Here’s sample language that you can use in a letter to a client at the end of the case.
Most attorneys are aware of the frequent client complaint about lack of communication from attorneys. Some say it’s the top client complaint about attorneys. So how do you make sure that those complaints are never about you? Here are 4 steps to help you keep those lines of communication open.
Ongoing technological developments present attorneys with significant challenges in the field of information privacy and security. One of these developments comes in the seemingly innocuous package of “free wifi.” But that Internet connection won’t seem so free if it comes with a State Bar probe for ethics violations.