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Shree. ( Advocate.)     07 September 2008

How Long to Keep client files with Lawyer?

Under law or ethics, how long must lawyers keep client files/documents before destroying them??? 



 



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 4 Replies

N.K.Assumi (Advocate)     08 September 2008

Is there any Rules of the high Courts In India, which specified that the names of the party in the Writ petition, the subject matter such as In The Matter of etc, should be on the left side, middle part or the right side? Is it proper for the High Court to order the party to withdraw the petition and come in proper format as per its specification?

N.K.Assumi (Advocate)     08 September 2008

Is there any Judges of the high Court in India, who does not allow the counsel to plead in the Court and passed Judgment?

N.K.Assumi (Advocate)     09 September 2008

Under  the Indian Bar Council Act 1926,  read with the legal practitioners act 1879, and the Advocates Act 1961 section 35 lay down the Rule, for Advocate duty to the Court and the Client. Advocate should return all the papers of his client once he decided to withdraw from the case. Retaining the brief and not appearing in the court amount to misconduct.

Rajesh Kumar (Advocate)     09 September 2008

Shree is asking as to how long the files/paper should be preserved before destroying them.


Off course, a lawyer should return the documents the moment it is asked by the clinets.


My view is as follows:


-we should take only those documents from the clients, which are necessary to pursue the case. originals should be avoided, unless until necessary. If originals are taken, it should be returned immediately after use.


-when the case os over, the complete case file should be retirned to the clients. If he doesnt visit the lawyer, case file should be posted to the clients address.


-if the post returns, the case file should be preserved for as long as possible. A lawyer should never destroy the case file.


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