Hillary K. Horton, Esq.Deputy Ethics CounselOffice of Attorney Ethics, Trenton
Law firms as well as corporations of all sizes must be equipped to deal with volumes of electronic data and paper files. There are rules on how long an attorney must hold on to files, whether an attorney has a right or obligation to destroy files after a certain amount of time, and how different types of files should be handled. If files are not handled correctly, an attorney may face a legal malpractice action.
This program will review and evaluate strategies for effective document retention and destruction. Learn how to build and implement a records retention system for your firm that meets compliance standards. Learn the importance such a program has for you and your clients. Take steps to make sure that you are operating your practice efficiently and ethically.
Bookkeeping and Recordkeeping Basics - Hillary K. Horton, Esq. - Mandatory accounts, books and records for attorneys and law firms - Acceptable forms of recordkeeping; Accepted Accounting Principles - Categories of records that must be retained under R. 1:21-6(c)(1) - Mandatory minimum retention periods for various types of documents - Introduce R.1:21-6(a)(1); RPC 1.15
Security and confidentiality of files - Thomas G. Rantas, Esq. - Paper vs. electronic documents - Document backup: paper, electronic, cloud backup; failure to back up data. - Security and confidentiality of documents being retained or transmitted - Proper destruction of electronic files, paper files. - Consequences of poor document security
Stimulating panel discussion–Q & A - Marc D. Garfinkle, Esq. - Whose document or file is it? - Must you retain your work product? - Can anyone compel you to destroy or return a document? - Your obligations when another firm relieves you of the file - Inadvertent receipt of a document or file - Circumstances requiring the destruction of documents - Documents that have been sealed and records that have been expunged. - Consequences of failure to retain, failure to destroy
Lessons learned from the mistakes of others - Thomas G. Rantas, Esq.
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