File/Records Management, Retention, Destruction
There is no specific rule in the Colorado Rules of Professional Conduct or the Colorado Rules of Civil Procedure that gives a specific time period for attorneys to retain their client files. That said, there is an excellent two-part article by Raymond P. Micklewright in The Colorado Lawyer that tells you everything you need to know about file retention, including:
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Developing a file retention policy
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Language to include in retainer agreements
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Guidelines for keeping files based on specific practice areas
Understanding File Retention: Developing an Ethical Policy and Plan -- Part I, by Raymond P. Micklewright, The Colorado Lawyer, October 2001, Vol. 30, No. 10, p. 147
Understanding File Retention: Developing an Ethical Policy and Plan -- Part II, by Raymond P. Micklewright, The Colorado Lawyer, November 2001, Vol. 30, No. 11, p. 77
Another Reason to Celebrate Arbor Day, by Cliff Eley, The Docket, November 2003, Vol. 25, No. 10
We are unable to link to the two articles below; they were published prior to 1997, the year the Colorado Bar Association began posting issues of The Colorado Lawyer on its website. You can find these articles in the Casemaker Library under The Colorado Lawyer tab.
• Retention and Destruction of Client Files in a Law Firm, by John C. Montaña, The Colorado Lawyer, April 1996
• Coping with the Paper Avalance: A Survey on the Disposition of Client Files, by Doris B. Truhlar and Joseph N. de Raismes, The Colorado Lawyer, October 1987
C.R.P.C. 1.15 requires lawyers to keep copies of financial records, retainer agreements, and client bills for seven years. See C.R.P.C. 1.15 for more specific requirements.
The Colorado Supreme Court Office of Attorney Regulation Counsel says, "A lawyer's duty of competent representation includes arranging to safeguard the clients' interests in the event of the lawyer's death, disability, impairment, or incapacity." Lawyers have the duty to plan ahead. The Office of Attorney Regulation Counsel has provided a Handbook and Forms: Planning Ahead: A Guide to Protecting Your Clients' Interests in the Event of Closing Your Practice, Your Disability or Death (One of Which is Inevitable). Portions courtesy of the Oregan State Bar Professional Liability Fund. This handbook contains helpful information on terminology, implementation, access to the trust account, client notification, and special considerations in case of death. There are three checklists and many sample forms, including fee agreements and engagement letters. This handbook is especially pertinent to a file retention policy. We recommend every attorney read this Handbook. To download the handbook in pdf format, click on the link in the Additional Info box on the right or the link above.
In addition to the Colorado materials, there are also other online records management resources and pertinent articles available.
