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File retention & disposition

The following are resources that may be helpful in answering your enquiry. Please familiarize yourself with them before moving on.

In brief: File retention and disposition engage a number of obligations for lawyers, professional responsibility and otherwise - the resources listed below provides valuable guidance.

Key Resources

Rules - Records: Law Society Rule 10-3.

Rules - Security of Records: Law Society Rule 10-4.

Code - Preservation of client property: BC Code rule 3.5.

Practice Resource - Why client files and records should be retained, how to retain files and for how long: Closed Files - Retention & Disposition.

Practice Resource - Best practices for retaining different types of documents can be found in the winter 2017 Benchers’ Bulletin article “Closing a File: What Documents to Keep and For How Long.”

Practice Resource - Guidance on distinguishing between different types of documents and whether they belong to the client or the lawyer: Ownership of Documents in a Client’s File.

Practice Resource - An overview of issues that should be considered prior to moving data into the cloud: Cloud Computing Checklist.

 

Additional Reading

External Resource - The Office of the Information and Privacy Commissioner for British Columbia provides guidance on securing personal information in their Self-Assessment Tool for Public Bodies and Organizations.

Practice Resource - Professionalism: Practice Management - Chapter 4, Client File Management and Timekeeping.

Next Steps

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