General Document Retention and Destruction Policy
- Introduction
Thank you for trusting MSH with your legal matter. At MSH, we take our responsibility to manage client files seriously. Keeping files secure, organized, and properly handled is essential. This policy outlines how we retain, store, and dispose of client files in a way that protects client information and meets professional standards.
- Keep files organized and secure so we can competently and diligently represent our clients.
- Communicate effectively with clients by maintaining accessible records and providing documents upon request.
- Protect client confidentiality by ensuring files are stored securely and disposed of properly.
- Provide critical documents to clients during representation, ensuring that clients receive all necessary materials related to their case. If a client has not obtained their entire file, MSH will securely store it for a designated period in accordance with legal and ethical guidelines. After this period, files may be securely destroyed unless the client has made prior arrangements for retrieval.
2. Document and File, Retention and Destruction Policy
Unless the client was provided in writing with a shorter Retention and Destruction Policy at the start of representation, during it, or upon or after its conclusion, MSH may choose to retain files for no longer than fifteen (15) years after closure of the file. Each January, MSH may identify and remove from its inactive archives any files that have reached or exceeded fifteen (15) years in age by December 31 of the previous year.
If a client was provided a separate, written notice/consent of a shorter retention and destruction policy—at the start of representation, during it, or, upon or after its conclusion—MSH retains the discretion to have that notice/consent, and any related written policies override this general policy for that client’s file. ( See, Section 7 Supplemental Policies.)
This policy does not apply to copies of unexecuted Wills, original executed Wills, copies of executed Wills, or Will questionnaires used to create Wills; those documents are retained indefinitely by MSH.
This policy exclusively addresses physical, paper files and documents. Digital data of any kind is addressed by a separate MSH retention policy. Please contact MSH at 614-224-1222 with questions.
3. Good-Faith Public Notice
Each year MSH may publish a general notice regarding file destruction and protection of client information. For example:
“All client files of Maguire Schneider Hassay LLP (MSH), (f.k.a. Maguire & Schneider, LLP) that were closed in MSH’s filing system on or before December 31, 20___, demonstrating the attorney-client relationship for those files ended on or before that date, will be destroyed unless clients submit a written retrieval request by July 1, 20___. Please contact MSH at 614-224-1222 or 1650 Lake Shore Dr. #150 Columbus Ohio 43204 or at www.msh-lawfirm to request the return of a file.”
4. Review before Destruction
All files are itemized by box, client name and file number. Before destruction the itemized list will be reviewed by firm management and current MSH attorneys who may have been affiliated with the file or have knowledge of it. If an attorney flags a file for further consideration, that file will be withheld from destruction pending additional review.
5. Secure Destruction
After the public notice period ends, and no client requests are pending and no hold has been placed pursuant to Section Four (4) above, the remaining files may be securely destroyed (cross-cut shredding or a comparable professional shredding/incineration service).
6. Documentation and Destruction Record
MSH shall maintain a written or electronic log of destruction, containing:
- Date of destruction
- The file number and client name of the files that are destroyed
- MSH shall keep this log permanently.
7. Supplemental Policies
This General Policy is complemented by other MSH policies that address specific practice areas or unique circumstances. Taken together, they ensure a consistent and comprehensive framework for file retention and destruction across the firm, accommodating scenarios in which shorter or longer retention periods may apply. Regarding files that may be affected by these Supplemental Policies contact MSH.