Sample File Retention PolicyThis file retention policy is a sample to help lawyers prepare their own file retention policies and should be adapted to meet the needs of each lawyer’s individual practice. This sample policy does not cover all situations in all law practices and is not intended to replace the lawyer’s professional judgment. A lawyer should consider the context of the lawyer’s practice, the Texas Disciplinary Rules of Professional Conduct, and relevant ethics opinions when establishing a file retention policy. Effective [date], the following file retention policy will be implemented to provide procedures regarding the opening, closing, retention, and destruction of client files. Opening a File. In addition to other procedures used in the opening of a client file, the following language will be included in all engagement letters or retainer agreements: You agree that it is your responsibility to obtain your file. We will notify you when it is available but will do so only once. If your file is not picked up within sixty days after we notify you that it is available, we can assume that you do not want it. In that case, we will retain the file for [number] years and then destroy it …
Practice Tip Checklist for Developing a File Retention Policy
Practice Tip Checklist for Developing a File Retention Policy Ask your malpractice carrier for file retention guidance. At a minimum, include the following in your file retention policy. How the client will be notified of your file retention policy. How the client can obtain their file once the case is closed. Address the cost of postage if the client cannot pick up their file. Consider a policy of offering to return the client file at the close of representation and retaining an electronic copy. How the file will be stored. Store the file in a fireproof, waterproof location that prevents any unauthorized person from accessing its contents. How long the file will be stored before destruction. What, if anything, the client will be charged for storage beyond the destruction date. See ethics opinion 657. How the file will be destroyed in a way that protects confidential information. Consider maintaining full or partial electronic client files. They minimize the need for paper files, reduce storage costs, and can be easily transferred to the client at the close of the case. Make file retention, storage, return, and destruction easier by creating file maintenance policies and procedures for: Opening a client …
Practice Tips Regarding File Retention and Destruction, and Establishing a File Retention Policy
Practice Tips on File Retention and DestructionIntroduction Although there is no rule that specifically lays out the requirements for client file retention and destruction, the Texas Disciplinary Rules of Professional Conduct and a few ethics opinions provide practice tips, as does common sense. Applicable Rules and Ethics Opinions When establishing a file retention and destruction policy, ensure that the retention and destruction of client files do not violate the following rules or stray from the guidance in the following ethics opinions: Texas Disciplinary Rules of Professional Conduct Rule 1.05: Prohibits disclosure of confidential information of current or former clients except in certain circumstances set forth in the rule. Rules 1.09 and 1.10: Prohibit a lawyer from taking adverse action against a former client related to the matter in which the lawyer represented the client. Rule 1.14: States client funds and property must be kept separate from lawyer’s own property in a trust account and records of the account shall be maintained for 5 years after termination of the representation. Rule 1.15(d): A lawyer must take reasonable steps to protect a client’s interest when representation ends, including giving reasonable notice to the client, allowing time for the client to hire another …
Succession Planning: What Does a Custodian Attorney Do? [VIDEO]
Succession Planning: What Does a Custodian Attorney Do? [VIDEO]About the VIDEO Host Greg Sampson is a Board-Certified Estate Planning and Trust Attorney. He is a Member at Gray Reed & McGraw, P.C. and is the 2023-2024 Law Practice Management Committee Incoming Chair.Greg focuses his practice on the areas of estate planning and administration. He has extensive experience with Law Practice Management with a special interest and focus on succession planning. In this video, he identifies the value of succession planning and why it is now more important than ever. Sampson outlines what custodian attorney’s responsibilities are and how they can be executed using the new Law Practice Management Succession Planning Toolkit. Prepare for the unexpected by designating a custodian attorney. The process is fast and easy, taking less than three minutes. Follow this link to designate a custodian attorney today.Resources by TopicStarting A PracticeLearn what you need to know before you begin. →Maintaining a PracticeNurture your budding practice with our collection of resources. →Growing a PracticeTips to take your practice to the next level. →Succession Planning and PreparationIf you can’t be certain, you can at least be ready. →Closing a PracticeVital information for those winding down a practice for themselves or others. → Practice TechnologyLearn …
A Closer Look at the Succession Planning Toolkit [VIDEO]
A Closer Look at the Succession Planning Toolkit [VIDEO]About the VIDEO Host E. Steve Bolden is the chair of the State Bar’s Law Practice Management Committee. He is also partner at Locke Lord in Dallas, TX.Steve Bolden (Chair of the State Bar of Texas Law Practice Management Committee) highlights the Succession Planning Toolkit and the importance of succession planning for young and older attorneys. Prepare for the unexpected by designating a custodian attorney today. The process is fast and easy, taking less than three minutes. Follow this link to begin the process.Resources by TopicStarting A PracticeLearn what you need to know before you begin. →Maintaining a PracticeNurture your budding practice with our collection of resources. →Growing a PracticeTips to take your practice to the next level. →Succession Planning and PreparationIf you can’t be certain, you can at least be ready. →Closing a PracticeVital information for those winding down a practice for themselves or others. → Practice TechnologyLearn new efficiencies. Leverage technology. → COVID-19 ResourcesInformation relevant to Texas attorneys practicing during the pandemic. →
Succession Planning: The Importance of Designating a Custodian [VIDEO]
The Importance of Succession Planning – Designate a CustodianABOUT THE HOST Laura Gibson is the 2022-2023 State Bar of Texas President. She is a Houston-based partner in Denton US and the head of the Texas Employment & Labor Group. Gibson was the 2018-2019 chair of the State Bar Board of Directors and has served on numerous State Bar committees.Gibson has worked to promote succession planning as one of her primary initiatives. Her mission is to encourage every lawyer in the state of Texas to designate a custodian attorney. In 2018-2019, the bar created a Succession Planning Workgroup that developed an online custodian designation portal on the bar’s website. The new Texas Rule of Disciplinary Procedure 13.04, which was approved by referendum, adopted by the Texas Supreme Court, and became effective July 1, 2021, enables lawyers to name a custodian to wind up and close their practice in the event of sudden cessation. Rule 13.04 provides the custodian attorney with the same protection as a court appointed custodian, which protects her from liability except for intentional misconduct or gross negligence. For emergency management and client protection, the State Bar of Texas urges members to designate in advance one or more custodian …
Run Your Law Firm Like a Business [VIDEO]
Run Your Law Firm Like a Business [VIDEO]Share this VideoAre you a solo, small, and growing law firm? If you feel stuck, you need to evolve from merely practicing law to actually managing your law firm. In order to achieve long-term success, it’s necessary to transition from working in your business to working on your business. Brian Hall (Managing Partner at Traverse Legal in Austin, TX) joins us in this Law Practice Management segment to speak about how his firm grew from a single office in Michigan to a successful, multi-disciplinary firm with over 20 people across several states.
Technology Selection Key Insights
Do you need guidance selecting the right technology for your law firm? Are you uncertain how much you should spend on technology? In this video, TOJI director Joshua Weaver shares two key insights to help you navigate the technology selection process successfully. Additionally, Joshua shares a lesser known strategy for unearthing technology gems often overlooked by attorneys. Watch the video and claim your free business needs reference guide to help you through technology selection process for your firm. Resources by TopicStarting A PracticeLearn what you need to know before you begin. →Maintaining a PracticeNurture your budding practice with our collection of resources. →Growing a PracticeTips to take your practice to the next level. →Succession Planning and PreparationIf you can’t be certain, you can at least be ready. →Closing a PracticeVital information for those winding down a practice for themselves or others. → Practice TechnologyLearn new efficiencies. Leverage technology. → COVID-19 ResourcesInformation relevant to Texas attorneys practicing during the pandemic. →Useful Links o Ten Minute Mentor: “Maximizing Technology in Your Practice”
The Arc of a Lawyer’s Law Practice
The Arc of a Lawyer’s Law Practice The pace of change continues to accelerate. The profession can expect cessations issues as part of the fallout. The discipline of law practice is changing. In Texas, regional offices of the Chief Disciplinary Counsel encountered an increase in demand to address situations in which lawyers had died or were otherwise “absent” from law practice. The development echoed findings of the ABA National Task Force on Lawyer Wellness. The trends are not unique to Texas; the scope of the issue is national. Texas centralized calls to CDC Special Projects and formed a pilot program. In time, patterns emerged. The most difficult scenarios involve sudden cessations and “prospective cessations.” Some lawyers intended to cease practice; others didn’t. Some lived through personal crises; others didn’t. Lawyer suicides left scores of matters pending, with no lawyer. In 2019, the State Bar formed a Succession Planning Workgroup to confront these issues. Considering the experience of the pilot program, it became apparent that the challenge of cessations is not so much an issue for classic lawyer discipline, as it is for the discipline of law practice. Most calls involve deceased attorneys, and in those cases, the grievance system affords …