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RECMGMT-L  December 2000

RECMGMT-L December 2000

Subject:

Re: FW: Mailing Out Client Files

From:

US Records List <[log in to unmask]>

Reply-To:

Records Management Program <[log in to unmask]>

Date:

Wed, 20 Dec 2000 09:57:55 +1100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (147 lines)

Hi John and fellow list-serv members,

my apologies for not signing my last posting - I was interrupted near the
end!

Of course you are correct.  The difference between Access to Information
legislation and forwarding files routinely is one of who initiates the
issue.

The concerns that I raised are very difficult to canvas without seeming
secrecy-fiend or wanting to take some right away from individuals. My
posting is not advocating that we don't send people their files, merely that
we think the issues through carefully rather than acting hastily on what
could be a very serious issue if something goes wrong.

As records professionals it is incumbent on us to appreciate the
implications of policies where they impact on records and to provide
appropriate advice to our organisations.  Being aware of the complexity of
some issues is part of that process.

Speaking personally, when it comes to medical files (thankfully I have had
no need for legal ones!), I would like to have my file but from the records
perspective, I appreciate that the file is not mine (even if some of the
information is).

An interesting subject in any event.

Best wishes

Carl Temple
(views my own, not my employers)

PS just noticed Lennie Walker's post. This surprises me that the Bar
Association can come to this view.  It does explain how this subject arose
at all.  If I recall correctly, in New Zealand there is legislation
concerning the return of psychiatric patient files to former clients and it
was this context in Australia that I first came across the issue.

-----Original Message-----
From: John Gervais [mailto:[log in to unmask]]
Sent: Wednesday, 20 December 2000 9:41 AM
To: [log in to unmask]
Subject: Re: FW: Mailing Out Client Files


We must, however, keep in mind, Access to Information legislation, which
states that no personal information may be collected about an individual,
without the knowledge or permission of that individual.  Also, all personal
information is accessible under ATI to that individual, should they make a
request.  The firm does have the right to dispose of the information, by
using their solicitor/auditor approved records retention and disposal
schedules.

Kind Regards,


John A. Gervais
[log in to unmask]
1-613-825-2921 (Home Office)
1-613-592-4291 x293 (Work Office)
1-613-794-2753 (Cell)
----- Original Message -----
From: US Records List <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, December 19, 2000 5:31 PM
Subject: FW: Mailing Out Client Files


> I would question why you would want to send former clients their files at
> all.
>
> This issues comes up often in relation to medical histories and whilst
there
> can be some perceived benefit in handing over your records to former
> clients, I think that the issues need to be really thought through.
>
> First. The record is the property of the law firm and not the client.  The
> law firm made the record as part of their professional conduct of the
> client's case. The record documents how the case was conducted and the
> history of the actions/decisions made on behalf of the client. The
> information may have come at least in part from the client but the record
is
> the firms. There is no obligation, moral or otherwise to "return" the file
> to the former client.
>
> Maybe this labours the point somewhat but it is important to be clear
about
> this issue right from the start.
>
> Now it is a nice thing to think of the former client when the firm no
longer
> sees a need in keeping the record and maybe the former client will be
happy
> to receive it. However, frankly, having the chance of it falling into the
> wrong hands as seems to have been the case is alarming and more that
> sufficient reason to discontinue this practice.
>
> Then there is the example of a former client that sees things on the file
> they didn't know at the time such as prejudicial comments against them or
> maybe even simple professional error. What if this gives them sufficient
> angst to sue?  Limitations of actions legislation may not save the firm,
> especially where personal injury is concerned as (certainly in Australia)
> this can depend on the plaintiff being aware that they have an actionable
> claim - something giving the file to the former client might provide.
>
> -----Original Message-----
> From: Gary L. Grieme [mailto:[log in to unmask]]
> Sent: Wednesday, 20 December 2000 8:40 AM
> To: [log in to unmask]
> Subject: Re: Mailing Out Client Files
>
>
> >>>> Please read the confidentiality statement below <<<<
>
> We currently give them client/matter number, matter name, attorney, and
date
> closed.  We started indexing a file as to its physical contents in '95, so
> the clients will get more detail as those files approach destruction.
>
> Gary L. Grieme
> Records Manager
> Robins, Kaplan, Miller & Ciresi L.L.P.
> Minneapolis, MN
> 612-349-8538
> [log in to unmask]
>
> >>> [log in to unmask] 12/19/00 3:30:30 PM >>>
> Gary:  I would put information within the body of the letter that should
> trigger
> their memory cells.
>
>
>
> ______________________________________
>
> Information contained in this e-mail
> transmission is privileged and
> confidential.  If you are not the
> intended recipient, do not read,
> distribute, or reproduce this
> transmission.  If you have received
> this e-mail transmission in error,
> please call 612-349-8799.
>
> Robins, Kaplan, Miller & Ciresi L.L.P.
> http://www.rkmc.com
> ______________________________________

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