How long do I have to keep a closed client file before I can destroy it?
Apply this to your situation
This page answers the general question as of 1992. Ask about yours and see what the current Rhode Island Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The inquiring attorney asked about the duration of time an attorney must retain a closed file.
The panel declined to render an advisory opinion, stating that this inquiry is not within the jurisdiction of the panel. The panel nonetheless directed the attorney's attention to R.I. Gen. Laws Section 8-14-2 (amended 1991), which states that records relative to a civil case may be destroyed after seven years of the case's disposition.
Currency note
This opinion was issued in 1992, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988. The panel here declined to opine and pointed to a statute (R.I. Gen. Laws Section 8-14-2) as it stood after a 1991 amendment; that statute may since have been amended. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process. Subsequent rule or statutory amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules and statutes before relying on any specific requirement mentioned here.
Common questions
Q: Did the panel set a file-retention period?
A: Per the opinion, no. The panel declined to render an advisory opinion, stating the question is not within its jurisdiction.
Q: What did the panel point to instead?
A: Per the opinion, R.I. Gen. Laws Section 8-14-2 (amended 1991), which provides that records relative to a civil case may be destroyed after seven years of the case's disposition.
Background and rules framework
The opinion cites no Rule of Professional Conduct. The panel treated file-retention duration as outside its advisory jurisdiction, which is limited to interpreting the Rules of Professional Conduct, and referred the attorney to the governing statute rather than opining on it.
Citations and references
Rules of Professional Conduct:
- None cited. The panel declined to opine, as the question was outside its jurisdiction.
Statutes:
- R.I. Gen. Laws Section 8-14-2 (amended 1991): records relative to a civil case may be destroyed after seven years of the case's disposition.
Cases:
- None cited.
Other opinions cited:
- None cited.
See also
- RI EAP Op. 2026-01: Not Required to Destroy a Former Client's Files; Must Retain a Copy Seven Years
- RI EAP Op. 89-13: Obligation to Forward a Client File to a Second-Opinion Attorney
- RI EAP Op. 2002-04: Rule 4.2 Contact After Discharge and File Transfer
Source
- Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
- Original PDF: https://www.courts.ri.gov/Opinions/EAP%2092-10.pdf
Original opinion text
Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.
DIGEST OF ETHICS ADVISORY PANEL
Opinion #92-10, Request #218
Issued January 14, 1992
An attorney seeks Panel advice as to the duration of time an attorney must retain a closed file. The Panel declines to render an advisory opinion since this inquiry is not within the jurisdiction of the Panel. However, the Panel directs the attorney's attention to R.I.G.L. Section 8-14-2 (amended 1991), which states that records relative to a civil case may be destroyed after seven (7) years of the case's disposition.
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