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’s essential to understand the details of the underlying case—the matter in which the attorney represented the client. Without access to those records, it’s nearly impossible to assess whether the attorney acted reasonably under the circumstances.
Your Right to Your Legal File
In New Jersey, attorneys are 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, attorneys must provide these records to the client when asked.
Taking Steps to Protect Yourself
Even though attorneys must maintain and produce client files, clients themselves can—and should—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’re 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 experienced legal malpractice attorneys will review your situation, assess whether professional negligence occurred, and advise you on the best course of action.
Contact us today by calling 800-709-1131 or text us at 908-864-4450 to discuss your rights and next steps.
