When is it Safe to Destroy Client Documents?
By Dan Murdock, OBA General Counsel

Often lawyers call with the need to destroy client files but are uncertain about what can be destroyed and when it can be destroyed. Neither the Rules of Professional Conduct nor the Rules Governing Disciplinary Proceedings provide specific direction. However, Rule 1.15, Oklahoma Rules of Professional Conduct, can offer guidance.

Rule 1.15(a) requires that complete records of client account funds and other client property be kept for five years after termination of the representation.

The Office of the General Counsel recommends that the same time frame be used for retention of client files. However, each file should be reviewed for specific items which might be in the file and that should be kept for a longer period of time, if not forever, or returned to the client.

One way to avoid this problem, since many times you cannot locate the client five years down the road, is to return all original documents or other items to the client at the time the representation terminates. You may also want to include a paragraph in your written fee contract (you do have one, don't you?) that advises the client of the destruction of files policy.

How Do I Destroy Files?

• Preserve confidentiality.
  Don't just put it in the trash. Proper document destruction is extremely important. Many bonded companies do destruction at a reasonable cost.

• Shred or burn.
  Be safe with client confidences. If the file is small, you may want to shred. However, is your time or the time of an employee, worth it? You make the call.