The Oklahoma Bar Journal April 2023

done will ensure not only that a file can be found when needed but also that the office server does not become unorganized with many years of files. Like paper files, a digital file should be organized by the date of closing and the date the file will be destroyed. An attorney must still maintain a client’s confidential information in an electronic file. Care should be taken so that this information is not at risk of being compromised. Hackers can target both the devices that store the information and the networks that transmit it. An attor ney should confirm that the office servers and electronic data are safe from this type of theft.

the client notice that the paper file will be destroyed, it is destroyed within a shorter time period and does not necessitate the need to rent a storage unit or other space to hold a vast quantity of closed files. A backup of digital files should be stored off-site or in a secure cloud based system. This will ensure the files can still be accessed if there is a system failure or other emergency at the office. Procedures should be put in place to maintain these backup files and ensure they remain up to date. When digital files are closed, they should be organized uniformly and segregated from current files. Having a plan in place for how this will be

ABOUT THE AUTHOR

Jimmy Oliver has more than 10 years of experience in the areas of family law, juvenile law, guardianship and probate.

He has served on the OBA Board of Governors and the Professional Responsibility Commission.

ENDNOTE 1. Planning Ahead Guide: Attorney Transition Planning in the Event of Death or Incapacity, available on the OBA website at https://bit.ly/41Znqty.

Below is sample language to add to a client contract and a closing letter to notify a client of the file destruction date. FILE RETENTION AND DESTRUCTION POLICY It is our firm’s general policy to keep a file for _ years once it is closed. After that time, your file will be destroyed. As your case progresses, you will be provided with pleadings, documents and correspondence as it is received in the office. This will allow you to create a personal file for your own use. The original doc uments you provided will be returned to you after use or at the end of your matter. When your file is closed, you will be sent a letter notifying you of the date the file held in the office will be destroyed. CLOSING LETTER RE: Final Statement and File Closure Dear [client name]: Enclosed you will find the final statement for the above-referenced matter. If you have any questions about this statement, please contact the office as soon as possible. I have now closed your file and consider my representation of you in this matter completed. I have also enclosed all original documents that were in your file. If you believe there are additional documents in my possession, please let me know immediately so that I may search for them prior to the file being taken to storage. The file that I maintain related to your matter will be destroyed on or after [insert date]. If you need anything from your file prior to that date, it is important that you notify me in writing about what you need and where it should be sent. Retrieval and copying charges may apply. It has been my pleasure to represent you in this matter. If you need assistance in the future, do not hesitate to contact me. Sincerely, [attorney signature]

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.

20 | APRIL 2023

THE OKLAHOMA BAR JOURNAL