If the files contain pleadings filed with the court (especially
judgments, stipulations, orders), I would match them up against your
records to make sure that you have a copy (you never know if you will
need them down the road).  I would also make sure any original records
that were provided to the firm by the company were removed and retained.
Once that is done, I would ship them back or discard them.

-----Original Message-----
From: Chris Flynn [mailto:[log in to unmask]]
Sent: Monday, March 18, 2002 1:27 PM
To: [log in to unmask]
Subject: Re: Attorney/Client files

Wasn't this the short question on the CRM exam?

We received 20 boxes of files from an Attorneys firm that no longer
represents our company.  The attorney who worked directly with our
left the firm so the firm sent his files to us.  The files are attorney
work products on cases he handled for the Company.

Discussion here in the
office is whether the files can be destroyed since they are the
I thought you said they were your files

One side of the group said the files should be indexed and
maintained along with other in-house attorney files.
This seems to me, without looking to closely at your business practices
requirements, to be the more prudent option.

The other side said
we could destroy them since they came from the attorneys firm.
Was this work done for you by the attorney?
What type of contract/agreement did you have with the firm?

Both sides
felt they had a good reasons for their opinions.  My supervisor turned
me and asked that I find out how others handle a situation like this.
"No problem" I said. "I know just the place to find out".
I searched the archives and came up empty handed (Might be I just didn't
know exactly what to search for).  So now I turn to the listserv for
You didn't come to us first?

 Have any of you had this same thing happen?  And if so, how are
these types of situations handled?

Thanks in advance for your help,
Brian Ivey
Document Management Services
El Paso Electric Company

Are you a public or private company?

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