May an engagement contract set a file-destruction date while giving the client a choice to take the file?

Plain-English summary

A lawyer proposed a contract term allowing destruction of file contents after a specified period following closure, while letting the client request possession at the outset or later.

The opinion permits the proposed clause. It places responsibility on the lawyer to communicate the terms adequately when the contract is made and says the lawyer should remind the client of the file-storage provision at closing.

Currency note

This opinion was issued in 1996, before Missouri’s 2007 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: May the contract include the specified destruction period?

A: Yes, on the described terms.

Q: Is an initial contract clause the only communication identified?

A: No. The answer also says to remind the client of the storage provision when the file is closed.

Background and rules framework

The published answer addresses contract communication and file storage without citing a numbered rule.

See also

• Missouri Informal Op. 2015-10: Client File Transfer
• Missouri Informal Op. 970182: Prospective Client File Return

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/960224/
• Rule revision reference: Missouri Informal Opinion 970082

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: May Attorney include language in the initial contract with the client that indicates that Attorney may destroy the contents of the file a specific time after the file is closed. Attorney will provide the client the option of indicating, at the beginning of the representation or later, that the client wants possession of the file. ANSWER: Attorney may include such a provision in Attorney´s Attorney/Client contract. Despite these terms, Attorney should remind Attorney´s clients of the provisions regarding file storage at the time the file is closed. Additionally, it is Attorney´s responsibility to make sure that these terms are adequately communicated to the client at the time they enter into the contract.