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RECMGMT-L  March 2000

RECMGMT-L March 2000

Subject:

Re: Client Files Leaving Firm with Departing Attorneys

From:

"Nemchek, Lee R." <[log in to unmask]>

Reply-To:

Records Management Program <[log in to unmask]>

Date:

Fri, 10 Mar 2000 09:09:15 -0800

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (128 lines)

        Lance:  Regarding working files, we have a strict policy that
Working Files -- identified on the file index as "John Smith Working
File"
are created for the explicit purpose of holding duplicates of original
file
materials.  Any attorney working on a matter can create a working file
for
his own use, to keep copies of important correspondence and documents
close
to him without having to have possession of the official file
containing
originals.  Our retention schedule specifies that working files are
destroyed at the completion of a matter, prior to the files for the
matter
going to storage.  Consequently, there should ideally be no reason why
a
matter's working files -- created by other attorneys working on a
matter --
would have to leave with a partner who was going to a new firm and
taking
the matter with him.  All he would be getting are duplicates.  When a
client
authorization letter for release of files is received and we start to
prepare the files for release, we'll review the working files to make
sure
they do in fact contain only duplicates.  If we find any originals in
working files, we incorporate them into the official file.  Does this
make
sense?
        I agree, in general, that associates rarely take clients with
them
when they leave a firm, although we do have pro bono cases leaving
with
associates from time to time.  However, non-partner of counsel
attorneys,
and even very senior-level associates many times do take clients with
them.


Lee R. Nemchek
[log in to unmask] 
(213) 892-5359

-----Original Message-----
From: Lance Hatfield [mailto:[log in to unmask]] 
Sent: March 10, 2000 7:12 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] 



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