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Opinion 19-03 |
Client Files | Client Funds and Property | Confidentiality
A lawyer may not produce banking records, client trust account records, ledger and client billing records requested by spouse’s lawyer in a pending divorce between lawyer and spouse, absent a court order. In the event of a court order ordering the production of the documents, the lawyer may reveal information only to the extent reasonably necessary to comply with the order and should seek protective action when appropriate.
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Opinion 17-02 |
Client Files | Law Firms
A lawyer must maintain records that identify each client and reflect whether the client’s representation is active for an indefinite period of time. A lawyer must maintain all financial records related to the lawyer’s practice as well as complete records of trust account funds and other property of clients or third parties held by the lawyer for at least seven years.
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Opinion 16-06 |
Client Files | Confidentiality | Law Firms
A lawyer may use cloud-based services in the delivery of legal services provided that the lawyer takes reasonable measures to ensure that the client information remains confidential and is protected from breaches. The lawyer’s obligation to protect the client information does not end once the lawyer has selected a reputable provider.
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Opinion 12-06 |
Client Files | Law Firms
A lawyer must maintain records that identify the name and last known address of each client, and reflect whether the client’s representation is active or concluded, for an indefinite period of time. A lawyer must keep complete records of trust account funds and other property of clients or third parties held by the lawyer and must preserve such records for at least seven years after termination of the representation. A lawyer must also maintain all financial records related to the lawyer’s practice for not less than seven years.
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Opinion 11-03 |
Client Files
Maintenance of client files and records
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Opinion 01-02 |
Client Files | Client Funds and Property | Withdrawal from Representation
Lawyer may properly terminate representation if client's conduct makes it unreasonably difficult for lawyer to carry out employment effectiveness or client fails to substantially fulfill agreement to pay lawyer's fees or expenses; however, lawyer must take reasonable steps to avoid foreseeable prejudice to client as a result of termination.
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Opinion 01-01 |
Client Files | Client Funds and Property | Communication With Client
When a former client is entitled to receive file material from a law firm, a law firm may not refuse a request to download onto disk such former client file materials stored on its computer system when such downloading can be accomplished easily and without disclosing the confidences of the firm's other clients.
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Opinion 95-02 |
Client Files | Law Firms
A lawyer no longer with a law firm may have access to closed files of that firm where the lawyer was in an attorney-client relationship with the client of the file in question.
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Opinion 94-14 |
Client Files
Upon termination of representation, a lawyer is required to return all papers and property received from the client, but may retain copies at the lawyer's expense. If the client requests copies of other parts of the lawyer's file, the lawyer should make copies of those materials in the lawyer's file to which the client is entitled to access available at the client's expense.
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Opinion 94-13 |
Client Files
A lawyer may refuse a client's request for investigative materials prepared by or for the lawyer because, under the facts presented: (1) the materials were the lawyer's property; and (2) disclosure of the materials might harm the client or others.
