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RECMGMT-L  August 2004

RECMGMT-L August 2004

Subject:

Re: FW: Law Firms and Closing Matters

From:

Barbara Embick <[log in to unmask]>

Reply-To:

Records Management Program <[log in to unmask]>

Date:

Mon, 16 Aug 2004 14:41:36 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (98 lines)

Will do.

-----Original Message-----
From: Belrose, Sharon [mailto:[log in to unmask]]
Sent: Monday, August 16, 2004 9:11 AM
To: [log in to unmask]
Subject: Re: FW: Law Firms and Closing Matters


Barbara,

I am currently facing the same issues you outline. When I took this position
in NC, I was told an attempt must be made by the attorney to notify the
client. Currently, I do not close files without an authorization from the
responsible attorney. This is placed in the front of the closed file.

I would appreciate receiving copies of any replies you receive.

-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]]On
Behalf Of Barbara Embick
Sent: Sunday, August 15, 2004 10:42 AM
To: [log in to unmask]
Subject: FW: Law Firms and Closing Matters


> Hi Everyone, Excuse the cross post and thank you in advance for your
> participation in this discussion.
>
> Like many firms, our Firm has not had a good policy or procedure in place
> for closing matters (accounting nor ARMS). I have written a new much
> stronger retention policy that is in review. Among other things, the new
> policy establishes a more formal process for closing matters, which will
> be much easier to enforce than our current policy. The new policy of
> course will take us point forward.
>
> The problem is all the old matters that have NOT been closed. We have
> numerous old files that were never formally closed and have fallen through
> the cracks because they are long out of the attorney's minds. The issue
> has finally gotten priority attention for resolution.
>
> We have two major issues with these old files: 1) formally closing the old
> matters (hopefully in some blanket way); and, 2) retention.
>
> On problem:
> 1) It has been suggested that we will need to get the attorney
> representing a client to contact EACH client via letter asking permission
> to "formally close" each matter that remains open but has long been over.
> This is an enormous task. We, who will staff this project, would like to
> do this in some "blanket" way. (ie. Notify the attorneys that in order to
> clean up our files, we will close everything electronically that has had
> no activity for "X" period of time, and then do it.)
>
> 2) Again, because receiving the clients consent to somehow disposition the
> client's files, has not been adequately addressed in the past, consent to
> begin disposing of the old client files must begin. Is it necessary to
> send a letter announcing destruction to every client that has a matter
> eligible for destruction or can this be resolved in some blanket way?
>
> I am seeking what your approach to the above has been in your firm. If not
> yet addressed in your firm, what thoughts have you given to resolving this
> issue. I will be assembling the results for review and will be happy to
> share the results with anyone who would like them.
>
>
>
> Barbara Embick, CRM
> Records Manager
> Nelson Mullins Riley & Scarborough
> 1320 Main Street, Suite 1700
> Columbia, SC 29201
> [log in to unmask]
> 803-255-9749
> 803-255-9052 Fax
>

 ===========================================================================
==
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it is addressed. This communication may contain information that is
proprietary, privileged, confidential or otherwise legally exempt from
disclosure.  If you are not the named addressee, you are not authorized to
read, print, retain, copy or disseminate this message or any part of it.  If
you have received this message in error, please notify the sender
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delete all copies of this message.
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==

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