[WSBARP] Fee Agreement Provision?

[Paul Neumiller]

Many thanks to all who responded.  Also, thanks to David for the cite to the ABA’s website.  Looks like I will be modifying my fee agreement to clarify that I will have the right to destroy the file after the “appropriate” number of years and WITHOUT seeking the client’s permission or notice to the client.  Paul Neumiller 

 

 

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Darrin Class
Sent: Wednesday, January 20, 2016 11:34 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Free Agreement Provision?

 

Here is one from a form – don’t recall where the form came from

 

 

Attorney will send Client copies of all documents filed or recorded with a court or governmental body in the Matter, all correspondence, and any and all other printed materials for Client’s personal file. Attorney will also keep a copy of all information for his file. When Attorney has completed all the legal work necessary for Client’s matter, Attorney will close his file and return all of Client’s original documents to Client. Attorney will then store his file for approximately 10 years after Client’s file has been closed. After that time, Attorney will destroy his file.

 

 

 

 



PO Box 173

Ridgefield WA 98642

 

Washington 360-953-4148/Oregon 503-208-5789

 <mailto:darrin at rdclasslegal.com> darrin at rdclasslegal.com

 

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From:  <mailto:wsbarp-bounces at lists.wsbarppt.com> wsbarp-bounces at lists.wsbarppt.com [ <mailto:wsbarp-bounces at lists.wsbarppt.com> mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of  <mailto:david at vaughanlawonline.net> david at vaughanlawonline.net
Sent: Wednesday, January 20, 2016 11:12 AM
To: WSBA Real Property Listserv < <mailto:wsbarp at lists.wsbarppt.com> wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Free Agreement Provision?

 

I found a helpful link on the ABA website - scroll down about a third of the way and there's a section on including in representation agreements.

 

 <http://www.americanbar.org/groups/professional_responsibility/services/ethicsearch/materials_on_client_file_retention.html> http://www.americanbar.org/groups/professional_responsibility/services/ethicsearch/materials_on_client_file_retention.html

-------- Original Message --------
Subject: [WSBARP] Free Agreement Provision?
From: Paul Neumiller < <mailto:pneumiller at hotmail.com> pneumiller at hotmail.com>
Date: Wed, January 20, 2016 9:57 am
To: < <mailto:wsbarp at lists.wsbarppt.com> wsbarp at lists.wsbarppt.com>

 

As I spend hours in the basement deciding which old files to shred, a thought came to mind.  Does anyone out there in lawyerland use a provision/paragraph in his or her fee agreement that says, basically, the attorney has the right to destroy the file after say, 7 years.  I know one attorney’s fee agreement says that the attorney will retain the file for one year but is not obligated beyond the one year (BUT, he holds onto the file for at least seven years.)  I am hoping this posting will address the nature of a fee agreement provision and NOT the topic of how many years to retain files, based on type of file, etc.

 




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