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File Retention Policy

SVL Client File Retention & Destruction Policy

This Client File Retention & Destruction Policy ("Policy") establishes the procedures for retaining, storing, and disposing of client files in compliance with Idaho state law, including the Idaho Rules of Professional Conduct, and best legal practices. The policy is intended to ensure the appropriate retention and destruction of client files and to protect client confidentiality while adhering to Idaho’s legal and ethical requirements.

Definitions

For purposes of this Policy, the following definitions will apply:

  • Client File: Any documents, correspondence, records, notes, and other materials related to a legal matter or services provided by the Firm.

  • Retention Period: The length of time the client file is maintained by the Firm before being reviewed for possible destruction.

  • Disposition: The action taken after the retention period, either through secure destruction or transfer of ownership.

Retention Periods

The retention period for client files is governed by the applicable statutes and rules, including Idaho Rules of Professional Conduct which govern the protection of client property when a lawyer is terminated or withdraws from representing a client. The general retention periods are as follows:

  • General Client Files: The Firm will retain client files for a minimum of two (2) years following the conclusion of the matter or the last activity on the file, or longer if required by applicable law.

  • Real Estate Transactions: For files related to real estate transactions, the Firm will retain files for a minimum of five (5) years following the closing of the transaction.

  • Domestic & Family Law Files: Divorce, adoption, support and custody files in which the children are minors or the support obligation is ongoing will be retained for a minimum of seven (7) years after the conclusion of the case, including settlement or final judgment, although such files may be retained longer if the minor children subject to such action have not reached the age of majority.

  • Litigation Files: Litigation-related files will be retained for a minimum of seven (7) years after the conclusion of the case, including settlement or final judgment.

  • Contracts and Debt Collection: Financial contracts and debt collection matters will be retained for seven (7) years after the case’s resolution.

  • Tax Files: Files containing client tax information will be retained for seven (7) years after the completion of the relevant matter.

  • Estate Planning and Wills: Files related to estate planning, including wills and trusts, will be retained for ten (10) years after the last update to the document or three (3) years following the death of the client, whichever occurs first.

*note - If applicable law or the nature of the legal services requires a longer retention period, the Firm will retain client files accordingly.

Storage, Access, and Retrieval of Files

A client must submit a written request to obtain copies of documents from their client file. The request should specify the documents they wish to obtain with specificity to allow the Firm to accurately identify the requested record. If a client chooses to transfer their file to another attorney, the Firm will endeavor to assist in this process by transferring the file upon written request and authorization from the client. The Firm will take all reasonable steps to ensure the confidentiality of client information throughout the retention period. The following additional steps will be taken to ensure client files are safe in storage:​

  • Physical Storage: Client files will be securely stored in locked cabinets or rooms within the Firm’s office. Access will be limited to authorized personnel only.

  • Electronic Storage: Where client files are stored electronically, they will be housed on secure servers or cloud-based platforms, ensuring regular backup. Access to electronic files will be restricted to authorized individuals.

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Certain limitations to file access are in place to protect legal privileges, professional responsibilities, and client safety, as well as to maintain the integrity of the Firm’s legal strategy. Accordingly, the following files or components of a file may not be made available to the client, either due to legal, ethical, or practical considerations:

  • Drafts of Unfiled or Unsigned Documents: Draft versions of documents that have not been filed with a court or signed by the client may not be made available to the client in some circumstances. These drafts may include incomplete or preliminary work that is protected as attorney work-product, subject to the applicability and allowances of the Idaho State Bar's "entire file rule."

  • Metadata: Any metadata contained within electronic documents that could reveal attorney work-product or confidential information may not be provided to the client. Metadata may contain hidden or embedded information that could be protected under legal privileges.

  • Internal Firm Communications About Conflicts or Possible Malpractice Claims: Communications related to internal discussions about conflicts of interest, potential malpractice claims, or matters concerning the Firm’s internal risk management policies are confidential and will not be disclosed.

  • Information Endangering Health/Safety: If the disclosure of certain information would pose a risk to the safety or well-being of the client or others (such as sensitive personal information, threats, or other potentially harmful content), such information may be withheld from the client.

  • Records Prohibited by Law or Court Order: Any records that, by law or court order, cannot be disclosed to the client, including those subject to legal protections or confidentiality agreements, may not be made available.

  • Attorney Notes: Certain attorney notes may not be disclosed that are protected by work-product privilege and not otherwise required for disclosure under the Idaho State Bar's "entire file rule," including but not limited to:

    • Notes for Drafting Documents Intended to Have Legal Effect: Notes or comments made while preparing documents that are meant to have legal effect (e.g., contracts, legal pleadings, etc.).

    • Notes from Witness Interviews: Notes taken during interviews with potential or actual witnesses.

    • Notes from Fact Investigations: Notes generated during factual investigations conducted by the Firm.

    • Notes Regarding Depositions, Meetings, Hearings, or Trials: Notes made during or in preparation for depositions, meetings, hearings, or trial proceedings, which are considered work-product.

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File Conversion & Destruction

After the retention period has passed, client files will be reviewed and analyzed for potential destruction. All files processed for destruction will be shredded (for paper files) or permanently deleted (for electronic files) in a manner that ensures confidentiality and compliance with applicable privacy regulations. If there is an ongoing legal obligation to retain the files (such as pending litigation or regulatory requirements), or if the client has requested in writing a retention beyond the standard retention period outlined in this Policy, the Firm will continue to retain the file beyond the retention period.

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The Firm reserves the right to convert client files to an electronic medium for purposes of storage, security, and ease of retrieval. If a file is converted to an electronic format, it will be maintained in a secure system and made available for client access in that format. If a client requires access to a file in a non-electronic format (e.g., paper), they must make a written request for such a format. The Firm will provide the requested documents in the format that the client specifies, as long as it is feasible.

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In accordance with Idaho Rule of Professional Conduct 1.16(d), all clients retain the right to take possession of their files when the attorney-client relationship is terminated. If a client requests the return of their files upon termination, the Firm will comply with these requests and take reasonable steps to protect the client’s interests in the files. This Policy will be reviewed regularly by the Firm. The Firm retains the right to amend or modify this Policy at any time to ensure compliance with legal requirements and best practices. At any point during or after representation, client may request that Firm provide an updated copy of the Firm's Client File Retention & Destruction Policy. 

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