Retaining Your Own Legal File: Why It Matters in a Malpractice Case
When evaluating a potential legal malpractice claim, one of the first questions is whether the attorney’s conduct fell below the required standard of care. To answer that, it is essential to understand the details of the underlying case — the matter in which the attorney represented the client. Without access to those records, it is nearly impossible to assess whether the attorney acted reasonably under the circumstances.
Your Right to Your Legal File
Attorneys are generally required to retain client files for seven years in most cases, according to N.J. Admin. Code § 13:34-27.1.
Moreover, clients are legally entitled to obtain a copy of their own file upon request under N.J. Admin. Code § 13:34-27.3.
Taking Steps to Protect Yourself
Clients can take proactive steps during their case to safeguard important information. Doing so may prove invaluable if concerns about attorney negligence ever arise.
Simple but effective practices include:
- Keeping a folder of all filed court documents.
- Saving digital copies of pleadings, motions, and correspondence.
- Retaining email communications with your attorney and noting those that may be significant.
Having your own organized records ensures you are not solely dependent on your attorney’s file if you ever need to evaluate their work later.
When Files Are Lost or Delayed
It can take time for an attorney or former law firm to locate and compile a client’s complete file—especially if years have passed. Occasionally, files may be lost or destroyed under a firm’s retention policy. Because of these uncertainties, maintaining your own copies of important documents and correspondence is the most reliable way to protect your interests should a malpractice claim become necessary.
Speak With an Experienced Legal Malpractice Attorney
If you believe your former or current attorney may have mishandled your case, Simon Law Group, LLC can help. Our attorneys will review your situation, assess whether professional negligence occurred, and advise you on the best course of action.
To request a consultation, call (800) 709-1131 or use the contact form. The intake team will review the request before any consultation is confirmed.