Advice Decision-Making Assistant (ADMA)


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Lost files

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

In brief: A lawyer must protect all records related to their practice and the information contained in them by making reasonable security arrangements against all risks of loss, destruction and unauthorized access, use or disclosure. If you have lost custody or control of a file, you should notify the Law Society in writing of all the relevant circumstances. Check out the resources below and feel welcome to schedule a confidential call with a Practice Advisor to talk through your options.

Key Resources

Code - Informing client of errors or omissions: BC Code rule 7.8-1.

Code - Notice of claim: BC Code rule 7.8-2.

Rules - Guidance on security of records and steps to take after a breach can be found in Law Society Rule 10-4.

More guidance on dealing with lost files can be found on the Lawyers Indemnity Fund website.

More guidance on complying with Rule 10-4 can be found in the August 31, 2021 Disciplinary Advisory.

Next Steps

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