Must a law firm download a former client's electronic file from its computer system when the client asks for it?

Plain-English summary

When a lawyer left the ABC firm, his clients (whose outstanding fees were paid) asked that their file materials, including documents stored on the firm's computers, be transferred to him at his new firm. ABC sent boxes of paper files but did not search its computer system or compare the electronic records to what it had boxed; it offered only to have the departed lawyer identify missing items so ABC could then look for them. The departed lawyer instead asked ABC simply to download all of his clients' file materials to disk. ABC refused.

The Committee analyzed the firm's duty under Rule 1.4(a) (promptly complying with reasonable requests for information) and Rule 1.15(b) (promptly delivering property the client is entitled to receive), and reaffirmed that a client cannot be denied access to the file (Opinion No. 95-02). Although the Rules do not specify a format, the Committee drew on the Illinois Supreme Court's discovery rules, which it read consistently because both rule sets come from the same court: Rule 201(b)(1) defines "documents" to include retrievable information in computer storage, and Rule 214's Committee Comments state that a producing party must search its computer storage. The Committee concluded the firm had to download the departed lawyer's client file materials to disk.

The Committee held the disk request was "reasonable" under Rule 1.4(a) and that the client was entitled to receive the files in the format the firm maintained them, which was also more efficient than re-searching boxes. It noted the firm might be entitled to reasonable compensation for the retrieval expense (Opinion No. 94-14), and it concluded there were no confidentiality concerns under Rule 1.6(a): because the system indexed materials by attorney ID, initials, and client name, ABC could download only the departed lawyer's client files without exposing other clients' confidences. The opinion did not decide which categories of documents within a file must be turned over, referring to Opinion No. 94-13 (which found a client not entitled to the lawyer's work product).

Currency note

This opinion was issued in 2001, before Illinois adopted its current Rules of Professional Conduct, effective January 1, 2010. The Illinois Rules cited here use the pre-2010 numbering. The ISBA notes the opinion was affirmed by its Board of Governors in January 2010 as generally consistent with the 2010 Rules, though the specific standards referenced may differ. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.

Common questions

Q: Can a firm refuse to provide a client's file in electronic form and insist on paper?

A: The Committee concluded the client was entitled to receive the files in the format the firm maintained them, and that a request to download them to disk was a reasonable request under Rule 1.4(a).

Q: Can the firm charge for downloading the files?

A: The opinion concluded the firm may be entitled to reasonable compensation for the expense of retrieving the files and providing disk copies, citing Opinion No. 94-14.

Q: Does the risk of exposing other clients' data justify refusing?

A: No, on these facts. The Committee concluded that because the system indexed files by attorney ID, initials, and client name, the firm could download only the departed lawyer's client files without disclosing other clients' confidences under Rule 1.6(a).

Background and rules framework

The opinion applied Illinois Rule 1.4(a) (reasonable requests for information), Rule 1.15(b) (delivery of client property), and Rule 1.6(a) (confidences and secrets), corresponding to ABA Model Rules 1.4, 1.15, and 1.6. It interpreted those duties consistently with Illinois Supreme Court Rules 201(b)(1) and 214 on the discovery of electronically stored documents.

Citations and references

Rules of Professional Conduct:

• Illinois Rules 1.4(a), 1.6(a), 1.15(b) (Model Rules 1.4, 1.6, 1.15)

Court rules:

• Illinois Supreme Court Rules 201(b)(1) and 214 (discovery of computer-stored documents)

Other opinions cited:

• ISBA Advisory Opinion Nos. 94-13, 94-14, 95-02
• ABA Formal Opinion No. 99-414

See also

• ISBA Ethics Op. 12-06: Maintenance of Client Files and Records
• ABA Ethics Op. 489: Notice When Lawyers Change Firms
• NYC Bar Ethics Op. 2015-6: Duty When Client Files Are Accidentally Destroyed

Source

• Landing page: https://www.isba.org/ethics/opinions/0101