publication of the International Legal Technology Association
Issue link: https://epubs.iltanet.org/i/503802
ILTA WHITE PAPER: APRIL 2015 WWW.ILTANET.ORG 30 ARE YOU THE WEAK LINK IN YOUR CLIENT'S IG PROGRAM? When following client schedules, retention periods may vary based on statutes, regulations and business needs. This could make it difficult, if not impossible, to follow your clients' various retention policies. Instead, your law firm should adopt the simplest solution — give the client's information back when the case is over, or put something in your engagement agreement that details how long your firm will keep client-generated records. This ensures the client knows the law firm is not a repository for all client documents, and law firms aren't paying added costs associated with storage. PREVENT LOOPHOLES Noting the retention schedule within the client agreement is not the end of the law firm's due diligence. Your firm should adopt a retention policy that takes into account how all firm information is handled, stored and disposed of. A good retention policy: • Includes statutes and regulations adherence • Establishes business need • States the appropriate place to store records • Identifies how each type of record is dealt with, including email messages, social media, instant messages, etc. • States how to dispose of information • Acknowledges the legal hold requirement, which stops the retention schedule for certain types of information when a litigation or investigation is reasonably anticipated by the firm Come up with the retention schedule by auditing all company records and attaching record-keeping time frames to them. TIP ELIMINATE CLIENTS' EXPOSURE How your firm handles client information affects your client's risk exposure. Writing your own retention time frame into the engagement agreement dispels any notion of being your client's information repository, and it sets the expectation that you're protecting your client's interests. The best solution to reduce risk is to return all client-generated files to the client at the close of a case. Should your client hire you for more business, it's much less risky to open a new case file than to leave an older file open indefinitely, exposing the client's information. By following a firm-based information governance program, you can reduce that risk and reduce your firm's costs of storing, retrieving and reviewing subpoenaed information.