Publications

Section Newsletter Articles on File Retention

Electronically stored information and reasonable retention vs. hoarding By Daniel Kegan Intellectual Property, November 2014 While most lawyers and law firms may not suffer as extremely as hoarders seen on TV, the similarities can sometimes be striking.
Updating and cleaning out estate plan files By John Ahern Trusts and Estates, June 2012 Tips to provide you with a starting point when you need to "clean house."
Who does the file belong to? By Donald E. Weihl Law Office Management and Economics, Standing Committee on, December 2010 There are many questions arising from clients who believe that the file an attorney creates for an engagement on behalf of the client is the property of the client.
Retention of e-mail: Why bother? By Michael D. Gifford Law Office Management and Economics, Standing Committee on, February 2009 Does your firm need a policy for managing retention and preservation of e-mail? YES; even the smallest organizations are wise to invest the time and effort to craft such a policy.
The Local Records Act and Destruction of Public Records By Maryann Bullion Administrative Law, April 2008 Have you ever deleted an e-mail or a computer file and thought nothing of it? Well, if one of your local government clients deletes an e-mail or throws away a file that contains information that should be considered a public record, they could be charged with a Class 4 felony.
Resolutions for 2008 By Mary A. Corrigan Law Office Management and Economics, Standing Committee on, April 2008 Although 2008 is already underway, it is not too late to implement some resolutions for improvement of your law practice.
The Local Records Act and Destruction of Public Records By Maryann Bullion Local Government Law, March 2008 If one of your local government clients deletes an e-mail or throws away a file that contains information that should be considered a public record, they could be charged with a Class 4 felony.
E-Mail Retention Policies and the Local Records Act By Richard G. Flood and Jenette M. Schwemler Administrative Law, July 2007 While many have leapt to the conclusion that the Local Records Act requires preservation of anything and everything dealing with public business that happens to enter or leave a municipally owned computer, reading the statute three times, as Supreme Court Justice John Roberts suggests, reveals a quite different intent.  
E-mail retention policies and The Local Retention Act By Richard G. Flood and Jenette M. Schwemler Local Government Law, March 2007 Recent interpretations of the Local Records Act, broadly construing the meaning of “public records” for purposes of formalizing retention policies, beg for the imposition of Supreme Court Justice John Roberts’ three rules of statutory construction: “Read the Statute, Read the Statute, Read the Statute.”
Attorney’s retaining lien, circa 1889 By John B. Kincaid Civil Practice and Procedure, March 2006 Contrary to the popular misconception of many attorneys and judges, including this writer, Illinois has, since 1889, recognized and enforced the right of an attorney to retain his physical file until the client has paid for his services. 
Law firm document retention policies By Sharon D. Nelson and John W. Simek Corporate Law Departments, June 2004 Lawyers and their clients tend to forget that saving unnecessary documents, paper or electronic, can constitute a significant danger.
Spring cleaning—A dozen pointers for purging files By Scott Mittman Young Lawyers Division, March 1999 The ABA and others who issue ethical rules tell you that you don't have a general duty to keep all files forever and ever.