Law Office Management

PLA 2673 – Law Office Management
Protecting the Client and the Law Firm.

Client Files
• There are numerous variables in law firms regarding client files: - Electronic & Paper Storage. - Filing System (identification) - Organization

There is no one “perfect” procedure or style that is suitable for all law firms.

Electronic and Paper Records Retention
• A paper and electronic records retention policy should be a law office necessity. • Records retention policies can be difficult to adopt and implement. • The Association of Records Managers and Administrators, Inc. is a professional nonprofit association with lots of helpful information on the subject of records retention. www.arma.org

Security Considerations
• Keep paper files locked in secure file cabinet. • Restrict electronic file access to documents with passwords known only to authorized users. • Electronic encryption protections and secure internet connection to prevent outside unauthorized network access – utilize a “firewall.”

User-Level Security
• Microsoft Access has “User-Level Security” – a database administrator can grant individual users or a group of users specific permissions to documents. • Under user-level security, users type a password when they open the file where each user is identified by a unique identification code.

Ethical Considerations
• “Ethical Walls” – a necessary restriction on access to information about a case or client.

• How long does the office keep a client’s file? Model Rule 1.16(d) states “…The lawyer may retain papers relating to the client to the extent permitted by other law.“

More Ethical Considerations
The Law Office has a duty to Client: *Model Code DR 2-110(A)(2) provides that: “… a lawyer shall not withdraw from employment until he has… delivered to the client all papers and property to which the client is entitled and complying with applicable laws and rules.“

• State Ethical Rules vary from state to state. *http://www.americanbar.org/groups/professional_responsib ility/services/ethicsearch/materials_on_client_file_retention. html

A Competent Plan for Securing Law Office Information has:
- a continuing & on-going security plan. - routine back-up of information electronically and store paper documents (daily/monthly/annually). - all law office employees diligence (turn-off computers daily/lock access). - IT staff that monitor systems (run system checks for integrity/free from computer viruses, etc.).