Firm administrators and attorneys often seek risk management advice regarding the assorted and often convoluted issues that arise as a firm struggles with creating and implementing a file retention policy. While I applaud the effort, and those who have successfully implemented such a policy, don’t overlook the related issue of proper storage practices. The best laid plans may all be for naught if you have a client file pulled from storage only to find the file partially destroyed due to its being improperly stored.

Allow me to share a few examples that highlight a number of concerns. Several firms that I have visited have had files stored in an unlocked out-building or a business basement with unmonitored outside access or common access for all building tenants. Another firm had files stored in a central room literally in a massive pile on the floor that was over my head in height. Imagine trying to find a file that is eight to ten years old in that mess! I have seen files sitting on wet damp floors already in an early state of decay and files stored so densely in attics that floors were literally beginning to buckle under the weight. (That can’t be good.) Then there are the firms who have placed files in storage facilities built along rivers and clearly in the flood plain or placed files in personal storage facilities otherwise known as an attorney’s garage, home basement, or family cabin where anyone and everyone in the family has access.

Lawyers have ethical duties to act competently to safeguard information relating to the representation of a client from inadvertent and unauthorized disclosure. At a minimum, files should be stored under lock and key. Employees of other businesses in the building, non-employee family members, a passerby, or the unscrupulous non-client who wants to dig into old records should never have an opportunity to view a client file. Once the time for file destruction comes, keep the same rule in mind. Destroy the files. Don’t leave them in a dumpster until trash day comes, and yes, this happens.

Files should also be catalogued and stored in a manner that allows for finding an old file should the need arise. The time wasted on trying to find old client files whose whereabouts are unknown is money down the drain. Inventory original documents or other client property that is going into long-term storage and keep a copy of the inventory at a separate location in the event of a disaster. If 100 client wills are destroyed due to a fire, the ability to determine whose wills were destroyed will prove extremely valuable as you seek to remedy the situation.

Proper storage would also dictate that files be stored in a fashion that minimizes the risk of decay or destruction. If file boxes must be kept on a concrete floor, place them on shelving of some sort that keeps the boxes at least and inch or two off the floor. If the storage space is within a flood plain, place the stored files in upper floors of the building if this is an option. If original documents such as wills, deeds, or abstracts are going to be stored for extended periods of time, additional steps should be taken. These client materials should be kept in a fireproof safe, a safety deposit box, or even a firm vault, which some firms actually have. Depending upon the number of documents stored long-term, an additional thought is to store these documents in Tupperware if flooding is a concern. Safes are not waterproof.

Finally, make certain that you address the storage issues that arise with computer files. As more and more firms move away from paper based storage systems, similar issues must be addressed. Computer files should be stored in a manner that allows for finding and accessing any particular file years later. Heaven forbid in the interim a firm goes through several hardware and software upgrades and was simply periodically dumping files to CD, tape or disk without a record of what went where. The eventual search for a file and the effort to actually access the data could prove to be a costly undertaking.

Electronic storage media should be maintained under conditions that seek to prevent unintentional damage. Throwing disks into a box in a closet doesn’t cut it. Once again, Tupperware and a fireproof safe rated for the storage of electronic media can do wonders in this regard.

Truth be told, the advice shared here is nothing more than a little common sense. The real problem is that it is too easy to overlook these issues in a desire to get to the next active matter. Once matters close, files can quickly move to the out-of-sight, out-of-mind category and the few final administrative/storage steps move into that “we’ll get to it when we can” to-do list. I am just gently trying to suggest that a little effort up front truly can prevent a major headache down the road. I have lived through a hurricane. Trust me; it’s worth the effort.