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RECMGMT-L  March 2000

RECMGMT-L March 2000

Subject:

Re: Client Files Leaving Firm with Departing Attorneys

From:

"Rose, Matthew" <[log in to unmask]>

Reply-To:

Records Management Program <[log in to unmask]>

Date:

Fri, 10 Mar 2000 14:59:01 -0500

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (257 lines)

I did have an instance when an attorney (happened to be a partner) was
asked
to leave a Firm and he requested files to be sent to him of a client
he
originated.  We were told to forward what he asked for.  I saw no
letter, I
heard from no client and, in fact, we continued to work on some matters
both
in other practice areas and the practice area the attorney who left was
from
later on in conjunction with the attorney's new firm. All I'm saying is
that
strange scenarios occur and the Records Dept. isn't always informed. 
Some
attorneys don't feel as if we need to know (by no means all), we're
just the
custodians.

> -----Original Message-----
> From: HEGEL, GERRY [SMTP:[log in to unmask]] 
> Sent: Friday, March 10, 2000 10:51 AM
> To:   [log in to unmask] 
> Subject:      Re: Client Files Leaving Firm with Departing Attorneys
>
> Here's two cents worth from Chicago.
>
> I can't think of a single instance when we've been asked to release
a
> record
> that wasn't because of a request from the client.  Now that's not to
say
> that the client wasn't "persuaded" by the attorney, but I don't know
that.
> The point being, if a record leaves, we get a letter from the client
> requesting that to happen.  Period.  We keep very little (like I've
seen
> this twice) where billing information gets into the matter file so
that's
> not a problem.  Any working files are included, if for no other
reason, we
> won't be working on the matter anymore, why keep them?
>
> I hadn't thought of the intake data, I shall have to explore that.
> Although, we just recently started (at my instigation) putting the
> conflict
> check in the matter file anyway.
>
> I think our underlying philosophy is that if they are no longer a
client,
> we
> have no desire to keep records on them.  I think it's fair to say any
time
> we can ship records out the door, we're more than glad to do it.
>
> Now, I'm going to start a new page and a new thread.
>
> Thanks,
>
> Gerry
>
> Gerald L. Hegel
> Records Manager
> D'Ancona & Pflaum
>
> Voice  312-602-2197
> Direct Fax  312-602-3197
> E-mail  [log in to unmask] 
>
>
> -----Original Message-----
> From: Lance Hatfield [mailto:[log in to unmask]] 
> Sent: Friday, March 10, 2000 9:12 AM
> To: [log in to unmask] 
> Subject: Re: Client Files Leaving Firm with Departing Attorneys
>
>
> Lee, after reading yours and Matthew's postings, I think Matthew may
have
> been speaking in terms of what usually happens, not in terms of what
firm
> policy is.  Usually, the only time a client will request that their
files
> be
> transferred is when the originating attorney leaves the firm (as
with
> everything, there are exceptions).  More often than not, the
originating
> attorney is a partner.  While associates do bring in some work, most
of
> their work product is related to clients brought in by partners.
> Therefore,
> when an associate leaves our firm, there is usually no need or
client
> request for files.  Out of the last 10 associates to leave our firm,
I can
> only think of one who took clients/files with them.
>
> In this sense, associates and partners are handled differently, with
the
> understanding that if the client wants his/her files sent elsewhere,
we
> will
> comply regardless of attorney status.
>
> Now that I'm re-reading the posts regarding this thread, I have a
question
> concerning your two posts.  In your initial post, you state:
>
> "We also reserve the right to retain working files for the matter
that
> were
> created by attorneys other than the attorney that's leaving."
>
> Does this mean that MoFo considers only the departing attorney's
files to
> be
> client files?  I'm not sure how you could justify that, if it is the
case
> (this wouldn't be the first time I've misunderstood something).  If
we
> have
> 3 teams and 20 attorneys working on a matter, we consider all of the
files
> to be client files, and once requested, are obligated to transfer all
of
> them (minus the billing and client intake material).  If we didn't,
the
> client would only be getting a portion of what they paid for.
>
> Lance Hatfield
> Long Aldridge & Norman, LLP
> Manager, Records Services
> 303 Peachtree Street, Suite 5300
> Atlanta, GA 30308
> [log in to unmask] 
>
> >>> "Nemchek, Lee R." <[log in to unmask]> 3/9/00 6:17:04 PM >>>
>         Matthew:  I have to strongly disagree.  Unless there is a
legal
> opinion or bar ethics opinion in your state which states to the
contrary,
> client files are not the property of the law firm, they are the
property
> of
> the client.  The minute that a client writes a letter of
authorization
> directing a firm to release its file to an attorney of their choice,
the
> file cannot be "messed with." After appropriate due diligence
activities,
> the file must be transmitted to the client or the client's
designated
> representative (in this case, the attorney leaving the firm). 
Regardless
> of
> which procedures a firm follows, I've never heard of transfers being
> handled
> differently for different categories of attorney. If a law firm
chooses to
> handle transfers this way, it is getting into very muddy ethical
waters.
>
> Lee R. Nemchek MLS, CRM
> Information Resources Manager
> Morrison & Foerster LLP
> [log in to unmask] 
> (213) 892-5359
>
> -----Original Message-----
> From: Rose, Matthew [mailto:[log in to unmask]] 
> Sent: March 09, 2000 1:51 PM
> To: [log in to unmask] 
> Subject: Re: Client Files Leaving Firm with Departing Attorneys
>
> This does depend.  It has been my experience that if it is a partner
who
> brought the client into the Firm, you do release most if not of the
files
> they ask for (generally he or she requests an index from which they
> request
> what they want).  If it is an attorney, you only release personal
files
> (their attorney work product with the client) everything else remains
the
> property of the Firm.
>
> > -----Original Message-----
> > From: Barbara Embick [SMTP:[log in to unmask]] 
> > Sent: Thursday, March 09, 2000 2:27 PM
> > To:   [log in to unmask] 
> > Subject:      Client Files Leaving Firm with Departing Attorneys
> >
> > What are your thoughts on this subject?
> >
> > Upon client release, should the attorneys be given the files in
their
> > entirety to take with them?
> > Should specific material be removed from the file?
> > What, if anything, should the original firm maintain on the file?
> >
> > Please respond directly to:
> >
> > Barbara Embick, CRM
>
>
==========================================================================
> ==
>
> This message contains information which may be confidential and
> privileged.
> Unless you are the addressee (or authorized to receive for the
addressee),
> you may not use, copy or disclose to anyone the message or any
information
> contained in the message.  If you have received the message in
error,
> please
> advise the sender by reply e-mail @mofo.com, and delete the message.
> Thank you very much.
>
>
==========================================================================
> ==
>
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