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1 Chapter 13 File and Records Management

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Page 1: 1 Chapter 13 File and Records Management. Types of Filing Systems 2 Centralized - Located in one area of office Decentralized/Satellite - Located in various

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Chapter 13

File and Records Management

Page 2: 1 Chapter 13 File and Records Management. Types of Filing Systems 2 Centralized - Located in one area of office Decentralized/Satellite - Located in various

Types of Filing Systems

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Centralized - Located in one area of office

Decentralized/Satellite - Located in various areas of office

Automated – Electronically stored files and records – “Paperless Office”

Page 3: 1 Chapter 13 File and Records Management. Types of Filing Systems 2 Centralized - Located in one area of office Decentralized/Satellite - Located in various

Coding/Numbering of Files

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AlphabeticNumericAlphanumeric

Page 4: 1 Chapter 13 File and Records Management. Types of Filing Systems 2 Centralized - Located in one area of office Decentralized/Satellite - Located in various

Straight Numbering

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Color indicates type of case, responsible attorney, or other.

Olson, James F. v. Ripley, Robert D. 102

Straight numbering is consecutive numbering: 102, 103, etc.

Page 5: 1 Chapter 13 File and Records Management. Types of Filing Systems 2 Centralized - Located in one area of office Decentralized/Satellite - Located in various

Calendar Numbering

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Color indicates type of case, responsible attorney, or other.

Olson, James F. v. Ripley, Robert D. 0811-341

Year and month

File No.

Calendar numbering reveals the age of a case and keeps all files opened in a year together.

Page 6: 1 Chapter 13 File and Records Management. Types of Filing Systems 2 Centralized - Located in one area of office Decentralized/Satellite - Located in various

Account Numbering

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Color indicates type of case, responsible attorney, or other.

Olson, James F. v. Ripley, Robert D. 862-104

Account File No.

An account numbering system is used by firms that represent clients with a number of cases, such as collection cases.

Page 7: 1 Chapter 13 File and Records Management. Types of Filing Systems 2 Centralized - Located in one area of office Decentralized/Satellite - Located in various

Combination Numbering

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Color indicates type of case, responsible attorney, or other.

Olson, James F. v. Ripley, Robert D. 0807-4-23.321/3

Year & Mo.

Attny

Type of Case

File No.

Volume No.

Page 8: 1 Chapter 13 File and Records Management. Types of Filing Systems 2 Centralized - Located in one area of office Decentralized/Satellite - Located in various

Alphanumeric

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Color indicates type of case, responsible attorney, or other.

Olson, James F. v. Ripley, Robert D. LA 123

Initials indicate type of case, attorney or branch office

Page 9: 1 Chapter 13 File and Records Management. Types of Filing Systems 2 Centralized - Located in one area of office Decentralized/Satellite - Located in various

Alphanumeric Numbering

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Olson, James F. v. Ripley, Robert D. 15-12-19-15-14

15 = O 12 = L 19 = S 15 = O 14 = N OLSON

Page 10: 1 Chapter 13 File and Records Management. Types of Filing Systems 2 Centralized - Located in one area of office Decentralized/Satellite - Located in various

File Opening Procedures

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New client intake sheet is completed

File is assigned a number in the firm’s system

Information is entered in billing and calendaring systems

Conflict check.

NEVER open a file without calendar or tickler entry

Page 11: 1 Chapter 13 File and Records Management. Types of Filing Systems 2 Centralized - Located in one area of office Decentralized/Satellite - Located in various

Prospective Client Files

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Opened when a prospective client consults an attorney

Contains notes of interviewMust be entered into firm’s conflict checking system

Page 12: 1 Chapter 13 File and Records Management. Types of Filing Systems 2 Centralized - Located in one area of office Decentralized/Satellite - Located in various

In a large case, documents are further categorized by type.

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File 1 - PleadingsComplaintsCross-ComplaintsAnswers

File 2 - DiscoveryInterrogatoriesRequests for AdmissionsProduction of Documents

File 3 – Motions

Page 13: 1 Chapter 13 File and Records Management. Types of Filing Systems 2 Centralized - Located in one area of office Decentralized/Satellite - Located in various

Circulation ControlCheck-out system

File audit system

Ethical walls to prevent unauthorized access

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Page 14: 1 Chapter 13 File and Records Management. Types of Filing Systems 2 Centralized - Located in one area of office Decentralized/Satellite - Located in various

File Retention Policy

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Factors to consider:Statute of limitationsType of fileAge of clientState and/or federal retention requirements

Cost of storage

Page 15: 1 Chapter 13 File and Records Management. Types of Filing Systems 2 Centralized - Located in one area of office Decentralized/Satellite - Located in various

Records Destruction

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Client must be afforded reasonable time to retrieve file prior to destruction

Method of destruction – protection of confidentialityShreddingIncineration

Maintain record of all destroyed files

Page 16: 1 Chapter 13 File and Records Management. Types of Filing Systems 2 Centralized - Located in one area of office Decentralized/Satellite - Located in various

Records DestructionDocuments not appropriate for destruction

Original will, trusts, estate planning documents

Original agreements which are of ongoing natureSettlement AgreementsCorporate documentsAdoption filesReal Estate documents – deeds of trust, notes,

title documentsDocuments with intrinsic value

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