The Oklahoma Bar Journal April 2023

date when that will occur. The cli ent’s signature on the contract will provide consent to destroy the file. If a file will only be kept electroni cally, the contract should so specify. Best practices would include a brief explanation of how the digital file will be stored and protected. While representing the client, it is important to send the client all pleadings, correspondence and other documents as they are received. This allows the client to create their personal copy of the file as the attorney creates the copy that will be maintained in the office. Special care should be made to return all original documents to the client as soon as they are no longer needed by the attorney. The client should acknowl edge receiving the documents by signing a receipt. Following this step could reduce the need to copy the entire file for the client at a later date. Further, this ensures the file maintained in the office belongs to the attorney and can be disposed of according to office policies. The next step is when the file is closed. A permeant inventory should be made related to each closed file that includes the date the file is

closed, where the file is stored and the date the file will be destroyed. The destruction date should be calendared so the files are destroyed according to schedule. Once the file is closed, the client should be sent a letter notifying them of the specific destruction date for the file. Before a file is closed or put into storage, the attorney should again make sure there are no original documents belonging to the client. This ensures the file that is put in storage can be destroyed immedi ately on the scheduled date without further investigation. When the date arrives to destroy the file, an attorney must protect the client’s confidential information that remains in the closed file. Generally, this means the file should be shred ded or incinerated. If an outside company is hired to destroy the files, it should be confirmed that the files will be disposed of without being reviewed by employees or other third parties. Many companies will provide a certificate of destruction once the files have been destroyed. Once the files are destroyed, the only things that should remain are the index of destroyed files, a copy of the fee agreement and any

correspondence that notified the client of the file retention policy and date of file destruction. There is no obligation to main tain a paper file. Other than original documents that maintain legal sig nificance, many offices have moved to electronic file storage. An office should have a procedure for how and when documents will be scanned when they are received in the office. When a document is scanned or cop ied, it should be saved in a search able PDF format. Ensuring that all documents are searchable from the onset will save time and energy in the future. If necessary, contact an IT professional to make sure the copier automatically saves documents in a searchable format. Office proce dures should also be in place about what happens to the documents once they have been saved electronically. If the documents are destroyed in the office, care should be taken so that any confidential information is protected during the process. Some attorneys adopt a hybrid approach and keep a paper file during the client representation, but once the case is concluded, the file is scanned to be kept electronically. After giving

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL