New Rules and Procedures

As of January 1, 2005 Missouri Lawyers will be required to keep case files for 10 years following the termination of representation pursuant to the following:

SUPREME COURT OF MISSOURI
en banc
August 24, 2004
Effective January 1, 2005

In re:
Adoption of new subdivision (h) of subdivision 4-1.15, entitled “Safekeeping Property,” of Rule 4, entitled “Rules of Professional Conduct.”

O R D E R

1. It is ordered that effective January 1, 2005, subdivision 4-1.15(h) of Rule 4 be and the same is hereby adopted to read as follows:

4-1.15 SAFEKEEPING PROPERTY

* * *

(h) A lawyer shall securely store a client’s file for 10 years after completion or termination of the representation absent other arrangements between the lawyer and client. If the client does not request the file within 10 years after completion or termination of the representation, the file shall be deemed abandoned by the client and may be destroyed.

A lawyer shall not destroy a file pursuant to this Rule 4-1.15(h) if the lawyer knows or reasonably should know that:

(1) A legal malpractice claim is pending related to the representation;
(2) A criminal or other governmental investigation is pending related to the representation;
(3) A complaint is pending under Rule 5 related to the representation; or
(4) Other litigation is pending related to the representation.

Items in the file with intrinsic value shall never be destroyed.

A lawyer destroying a file pursuant to this Rule 4-1.15(h) shall securely store items of intrinsic value or deliver such items to the state unclaimed property agency. The file shall be destroyed in a manner that preserves client confidentiality.

A lawyer’s obligation to maintain trust account records as required by Rule 4-1.15(a) is not affected by this Rule 4-1.15(h).

2. It is ordered that notice of this order be published in the Journal of The Missouri Bar.

3. It is ordered that this order be published in the South Western Reporter.

Day – to – Day

___________________________
RONNIE L. WHITE