By Jim Calloway

There are many tasks to complete when closing a client file. But one of the most important tasks is reviewing the contents of the file to make sure it is ready for destruction. This means making sure every original item given to you by the client is returned to the client. This is best done right away while you are still in contact with the client.

The practice of scanning originals and returning them immediately should reduce the number of originals. But you don’t want to deal with trying to track down an old client after 4 or 5 years when you discover there are valuable originals in the file as you are preparing to shred it.

Keeping originals of Last Will and Testaments was once a common practice among lawyers. But now it is generally understood to be a poor idea (with specific exceptions backed by client instructions.) It might have made more sense in colonial times. For example, if a client had no permanent address or the Testator wanted to tell the family that a Will had been executed and, after his death, they could retrieve it at lawyer Nathaniel Wadsworth’s office. But keeping the valuable property of another is a bailment. And you should require written instructions and terms, including the bailor’s duty to inform the firm of their current address. It is not something you should agree to do long term for no fee in the hope it might lead to future business.