Ethical rules regarding record retention The Illinois Rules of Professional Conduct are silent on retention of client files. The Rules do, however, require practitioners to retain other client-related documents for specific periods. Before destroying any files, mail a letter to the client's last known address noting that the file will be destroyed on a particular date unless the client indicates to the firm that he or she would like the file returned. The file is, after all, the client's property. If the client wants the file, you must then decide whether to copy the file at your own expense for your protection.
Some firms obtain client consents for file destruction at the beginning of the representation.
The agreement should set forth a specific period for file destruction, such as 10 years after the matter is closed, and should describe steps that the client can take to claim the file prior to its destruction. Lastly, make sure that you destroy the files in a manner that does not compromise client confidences. Merely placing the files in the garbage is not sufficient - they should be shredded or incinerated. Many file storage companies provide these services. First published in Illinois Bar Journal, Vol.