Ethics Of Destruction And Inadvertent Disclosure Of Documents And ESI
"Attorneys are obligated to maintain their client files on behalf of their clients. Although attorneys do not need to maintain their files indefinitely, they must maintain documents and information that, for example, might be relevant to reasonably anticipated litigation.
Clients have an ownership interest in portions of the lawyer's file and a right to access the client file. (See Model Rule 1.15(a) of Professional Conduct.) Which items in a client's file are the client's property will depend on the scope of the engagement, the jurisdiction and any agreement that exists between the parties. This determination takes on heightened significance, in terms of potential cost and obligation, in connection with electronically stored information (ESI) because e-mail and other electronic information exists in multiple "places" and in multiple forms. "
