Digital File Retention

 

If your answer to the poll was “yes,” or “I should,” give yourself a pat on the back.

If you don’t have a digital file retention policy, or more specifically, don’t believe you need a policy, please consider the following:

The more data you store, the more you must protect, and it isn’t free

Data protection is costly and doesn’t end with buying a server. If your firm stores digital files in-house, you must maintain your investment.  This means replacing obsolete storage media, preserving and testing backups, purchasing cybersecurity coverage, investing in and updating security software, budgeting for internal or outsourced IT services, and recovering from data theft, data breach, or system crashes if they occur. Cloud storage may alleviate some of this, although best practices dictate that cloud storage should be secondary to keeping on-premise copies of your data.

The duty to safeguard

Protection isn’t just a matter of out-of-pocket expenses, it has real ethical significance:

Taken together, Rule 1.6(c) and Rule
5.3 require a lawyer to take steps to prevent
disclosure of client information
through the misuse of technology, by
themselves or by any technology vendor
on which the lawyer relies. A lawyer’s
reasonable efforts to protect client data
might include reviewing a third-party
vendor’s terms of service to ensure that
they comply with industry standards relating
to confidentiality and security, and
that those standards are consistent with
the lawyer’s own professional obligations.

Mark Johnson Roberts, “Electronic Competence: As Technology Advances, So Must a Lawyer’s Understanding of It,” OSB Bulletin (June 2017).

If you place no limitations on digital file storage and something bad happens, more client data is exposed. Why would you want to take that risk?

Keep it and retrieve it

If you get into the perpetual storage business, be prepared to retrieve what you keep. Adhering to file retention recommendations and ethical requirements is one thing. Digging up records from 20, 30, or 40 years ago because you’ve chosen not to enforce a destruction policy is something else.

Setting reasonable digital file retention policies

For guidance on file retention, contact your local ethics hotline or professional liability carrier.  In Oregon, the following resources are available from the Professional Liability Fund. Select Practice Management > Forms.

  • Checklist for Scanning Client Files
  • File Retention and Destruction Guidelines
  • Production of Client File
  • Retention of Electronic Records

Mid-size and larger firms should consider a membership in ARMA, the Association of Records Managers and Administrators.  Another good resource is AIIM, the global community of information professionals.

All Rights Reserved 2018 Beverly Michaelis

 

 

Best Practices for Docketing, Conflicts, Disengagement, and File Retention

This is the last call for Best Practices for Docketing, Conflicts, Disengagement, and File Retention scheduled for April 11, 2018 from 10:00 a.m. to 11:00 a.m., PDT. This live, online webinar is the second in a two-part series on effective and ethical office systems.
Topics include:

Docketing

  • Learning the attributes of effective docketing systems
  • Appreciating the duty of due diligence
  • Docketing tips for eCourt practitioners: knowing where to go, forwarding notices, calculating deadlines, understanding the Register of Actions, enlisting proper email management

Conflicts

  • Recognizing ethical traps
  • Establishing system objectives: who to screen and when to screen
  • Comparing software applications
  • Streamlining conflict checking using forms, checklists, procedures, and letters
  • Recording conflict results

Disengagement and file retention

  • Meeting your ethical obligations under Oregon RPC 1.16
  • Simplifying disengagement with forms
  • Protecting clients and limiting liability exposure
  • Creating policies, procedures, and checklists
  • Accessing resources

Register Now
$25 – Visit the Upcoming CLE page or choose the registration link below. Secure payment processing powered by Eventbrite. Visa, MasterCard, Discover, and American Express accepted. Program materials included in the registration price.

REGISTER NOW
Best Practices for Docketing, Conflicts, Disengagement, and File Retention

 FAQs

Are group discounts available?
Discounts are available to firms who register 5 or more attendees. Contact me for a discount code before you register beverly@oregonlawpracticemanagement.org.

Do the Programs Include Written Materials? 
Yes. Written materials are distributed electronically to attendees.

Are questions welcome?
Absolutely. Questions may be submitted any time during the live event or afterward via email. Attendees are also encouraged to participate in live, anonymous polling.

Where are the programs being held?
This program will be a live, online webinar.

MCLE Credits
1.0 practical skills pending.

Can’t Attend?
Video and audio recordings of the April 11 CLE will be available to download along with the program materials shortly after the live program event.
Price: $25. Contact me or visit my online CLE store to place an order.

Best Practices for Client Intake, Engagement, and Workflow

This is the last call for Best Practices for Client Intake, Engagement, and Workflow scheduled for March 28, 2018 from 10:00 a.m. to 11:00 a.m., PDT. This live, online webinar is the first of a two-part series on effective and ethical office systems.
Topics include:

Intake

  • Recognizing objectives and ethical traps
  • Implementing the 7 key elements of effective intake forms
  • Building in accountability to prevent mistakes
  • Automating intake with ease

Engagement

  • Documenting representation: why bother?
  • Appreciating the ethical implications of engagement vs. nonengagement
  • Finding alternatives when a nonengagement letter can’t be sent
  • Modernizing the engagement process using forms, brochures, automation, and eSignatures

workflow

  • Identifying barriers to improving productivity: what’s stopping us?
  • Exploring the connection between bar complaints and poor workflow management
  • Setting objectives using automation, integration, and delegation
  • Using technology and staffing to improve workflow

Your office systems are the backbone of everything you do. Don’t miss out!

Register Now
$25 – Visit the Upcoming CLE page or choose the registration link below. Secure payment processing powered by Eventbrite. Visa, MasterCard, Discover, and American Express accepted. Program materials included in the registration price.

REGISTER NOW
Best Practices for Client Intake, Engagement, and Workflow

Coming April 11, 2018 –
Best Practices for Docketing, Conflicts, Disengagement, and File Retention

In this second part of our two-part series, we will cover:

Docketing

  • Learning the attributes of effective docketing systems
  • Appreciating the duty of due diligence
  • Docketing tips for eCourt practitioners: knowing where to go, forwarding notices, calculating deadlines, understanding the Register of Actions, enlisting proper email management

Conflicts

  • Recognizing ethical traps
  • Establishing system objectives: who to screen and when to screen
  • Comparing software applications
  • Streamlining conflict checking using forms, checklists, procedures, and letters
  • Recording conflict results

Disengagement and file retention

  • Meeting your ethical obligations under Oregon RPC 1.16
  • Simplifying disengagement with forms
  • Protecting clients and limiting liability exposure
  • Creating policies, procedures, and checklists
  • Accessing resources

This program is scheduled for Wednesday, April 11 from 10:00 a.m. to 11:00 a.m., PDT.

Register Now
$25 – Visit the Upcoming CLE page or choose the registration link below. Secure payment processing powered by Eventbrite. Visa, MasterCard, Discover, and American Express accepted. Program materials included in the registration price.

REGISTER NOW
Best Practices for Docketing, Conflicts, Disengagement, and File Retention

 FAQs

Are group discounts available?
Discounts are available to firms who register 5 or more attendees. Contact me for a discount code before you register beverly@oregonlawpracticemanagement.org.

Do the Programs Include Written Materials? 
Yes. Written materials are distributed electronically to attendees.

Are questions welcome?
Absolutely. Questions may be submitted any time during the live event or afterward via email. Attendees are also encouraged to participate in live, anonymous polling.

Where are the programs being held?
Both programs are live, online webinars.

MCLE Credits
1.0 practical skills pending for each program.

Can’t Attend?
Video and audio recordings of the March 28 and April 11 CLEs will be available to download along with the program materials shortly after the live program events.
Price: $25. Contact me or visit my online CLE store to place an order.

CLE Series: Best Practices for Effective and Ethical Office Systems

Your office systems are the backbone of everything you do. Join me for CLEs on Wednesday, March 28, 2018 and April 11, 2018 and learn how to implement best practices for client intake, engagement, workflow, docketing, conflicts, disengagement, and file retention.

Register Now
$25 – Visit the Upcoming CLE page or choose one of the registration links below. Secure payment processing powered by Eventbrite. Visa, MasterCard, Discover, and American Express accepted. Program materials included in the registration price.

REGISTER NOW
Best Practices for Client Intake, Engagement, and Workflow

REGISTER NOW
Best Practices for Docketing, Conflicts, Disengagement, and File Retention

Location
Both programs are live, online webinars.

Who Should Attend?
Lawyers, office administrators, or staff – anyone interested in improving office systems.

Program Details
Best Practices for Client Intake, Engagement, and Workflow
March 28, 2018 CLE – 10:00 a.m. to 11:00 a.m. Pacific

Intake

  • Recognizing objectives and ethical traps
  • Implementing the 7 key elements of effective intake forms
  • Building in accountability to prevent mistakes
  • Automating intake with ease

Engagement

  • Documenting representation: why bother?
  • Appreciating the ethical implications of engagement vs. nonengagement
  • Finding alternatives when a nonengagement letter can’t be sent
  • Modernizing the engagement process using forms, brochures, automation, and eSignatures

workflow

  • Identifying barriers to improving productivity: what’s stopping us?
  • Exploring the connection between bar complaints and poor workflow management
  • Setting objectives using automation, integration, and delegation
  • Using technology and staffing to improve workflow

Best Practices for Docketing, Conflicts, Disengagement, and File Retention
April 11, 2018 CLE – 10:00 a.m. to 11:00 a.m. Pacific

Docketing

  • Learning the attributes of effective docketing systems
  • Appreciating the duty of due diligence
  • Docketing tips for eCourt practitioners: knowing where to go, forwarding notices, calculating deadlines, understanding the Register of Actions, enlisting proper email management

Conflicts

  • Recognizing ethical traps
  • Establishing system objectives: who to screen and when to screen
  • Comparing software applications
  • Streamlining conflict checking using forms, checklists, procedures, and letters
  • Recording conflict results

Disengagement and file retention

  • Meeting your ethical obligations under Oregon RPC 1.16
  • Simplifying disengagement with forms
  • Protecting clients and limiting liability exposure
  • Creating policies, procedures, and checklists
  • Accessing resources

FAQs

Are group discounts available?
Discounts are available to firms who register 5 or more attendees. Contact me for a discount code before you register beverly@oregonlawpracticemanagement.org.

Do the Programs Include Written Materials? 
Yes. Written materials are distributed electronically to attendees.

Are questions welcome?
Absolutely. Questions may be submitted any time during the live event or afterward via email. Attendees are also encouraged to participate in live, anonymous polling.

MCLE Credits
1.0 practical skills pending for each program.

Can’t Attend?
Video and audio recordings of the March 28 and April 11 CLEs will be available to download along with the program materials shortly after the live program events.
Price: $25. Contact me or visit my online CLE store to place an order.

Save the date – March 28 CLE

Best Practices for Effective and Ethical Office Systems

Your office systems are the backbone of everything you do. Join me for a CLE on Wednesday, March 28, 2018 and learn how to implement best practices for client intake, engagement, conflicts, workflow, docketing, disengagement, and file retention.

Topics include:

  • Designing effective intake forms
  • Modernizing the engagement process
  • Creating ethical and reliable conflict systems
  • Improving workflow through automation
  • Protecting deadlines with proper docketing protocols
  • Ending the lawyer-client relationship efficiently and ethically
  • Retaining, closing, and destroying client files

Date/Time/Location

Wednesday, March 28, 2018 from 10:00 a.m. to 11:30 a.m. Pacific Time. This is a live, online webinar.

Who Should Attend?

Lawyers, office administrators, and staff – anyone interested in improving law firm office systems.

How to Register

Registration will open by the end of the week. Watch this blog for the announcement. Cost: $25. Secure payment processing powered by Eventbrite. Visa, MasterCard, Discover, and American Express accepted. Program materials included in the registration price.

All Rights Reserved [2018] Beverly Michaelis