File Destruction Notice

File Destruction Notice

[LAW FIRM NAME]
[Firm Address]
[City, State ZIP]
[Phone] | [Email]
[Website]

Date: [__/__/____]

VIA: ☐ First Class Mail ☐ Certified Mail, Return Receipt Requested ☐ Email with Read Receipt

IMPORTANT NOTICE - RESPONSE REQUIRED

[Client Name]
[Last Known Address]
[City, State ZIP]
[Client Email]

Re: NOTICE OF INTENT TO DESTROY FILE
Your Matter: [________________________________]
Our File No.: [____________________]
Matter Closed: [__/__/____]

Dear [Mr./Ms./Mx. Client Last Name]:

PLEASE READ THIS NOTICE CAREFULLY. IF YOU DO NOT RESPOND BY [__/__/____], YOUR FILE WILL BE DESTROYED.

Our records indicate that your legal matter referenced above was closed on [__/__/____]. In accordance with our firm's file retention policy and consistent with professional responsibility rules, we are providing notice that we intend to destroy your file.

File Destruction Date

Your file is scheduled for destruction on or after: [__/__/____]

Deadline to respond: [__/__/____]

If you wish to retrieve your file or any documents contained therein, you must contact us before this date.

Why We Are Destroying This File

☐ The retention period of [____] years has expired since your matter concluded.

☐ We have made reasonable efforts to contact you previously about file retrieval.

☐ The file contains no original documents requiring return.

☐ Continued storage is no longer practicable.

What Your File Contains

Based on our records, your file may include:

Documents That Will Be Destroyed:
☐ Copies of correspondence
☐ Copies of pleadings and legal documents
☐ Research and work product
☐ Internal notes and memoranda
☐ Discovery materials
☐ Billing records and time entries
☐ Copies of documents you provided
☐ [________________________________]

Original Documents (if any):

☐ No original documents identified - Our review indicates no original documents belong to you in this file.

☐ Original documents present - The following original documents appear to be in your file:

• [________________________________]
• [________________________________]
• [________________________________]

IMPORTANT: If original documents are present, we will NOT destroy them without returning them to you or receiving your written authorization.

Your Options

Option 1: Retrieve Your File

If you want your file or any documents from it:

☐ Contact us by [__/__/____]
☐ Arrange to pick up the file, or
☐ Provide an address for mailing
☐ Copying fees may apply: $[____] per page
☐ Shipping/handling fees may apply: $[________]

Option 2: Allow Destruction

If you do not need your file:

☐ No response is required
☐ Your file will be securely destroyed after [__/__/____]
☐ You may sign and return the enclosed authorization if you wish to confirm

Option 3: Request Extended Retention

If you would like us to retain your file longer:

☐ Contact us by [__/__/____]
☐ Extended retention may incur storage fees of $[________] per year
☐ We will update the retention date and notify you before future destruction

To Retrieve Your File

Contact Information:

Phone: [____________________]
Email: [____________________]
Mail: [________________________________]

Please provide:

• Your full name
• The file number or matter description
• Current mailing address or pickup preference
• Whether you want the complete file or specific documents

Office Hours for File Pickup:
[________________________________]

File Destruction Process

When your file is destroyed, we will:

☐ Screen for any original documents or client property
☐ Use a secure document destruction service (shredding/incineration)
☐ Securely delete electronic files and records
☐ Maintain a confidential index of destroyed files for conflict-checking purposes

The following will be retained permanently:
☐ Your name and basic matter information (for conflicts)
☐ Date the matter opened and closed
☐ General description of services provided
☐ Financial records as required by law

Special Circumstances

If This Notice Reaches You in Error

If your matter is NOT concluded or you believe this notice was sent in error, please contact us IMMEDIATELY at [____________________].

If You Have Related Ongoing Matters

If you have other ongoing matters with our firm, or if issues related to this file may still arise, please notify us so we can extend the retention period.

If You Are Not the Client

If you are receiving this notice on behalf of the former client (executor, administrator, successor in interest), please:

☐ Provide documentation of your authority
☐ Indicate whether you wish to retrieve the file
☐ Contact us at the number above

What Happens If We Cannot Reach You

If this notice is returned undeliverable or we receive no response by [__/__/____]:

☐ We will make one additional attempt to contact you at any alternate address on file
☐ We may attempt to locate a current address through reasonable means
☐ If no response is received, the file will be destroyed as scheduled
☐ Original documents (if any) will be handled per [State] Bar guidelines

Client Property

If the file contains any of the following types of property, we will NOT destroy them without your consent:

☐ Original wills or trusts
☐ Original deeds or titles
☐ Original contracts or agreements
☐ Stock certificates or bonds
☐ Cash or negotiable instruments
☐ Personal property left in our care
☐ Other irreplaceable documents

If any such property is identified, we will contact you separately before any destruction.

Acknowledgment and Authorization

If you want your file destroyed (no response required, but you may confirm):

I, [________________________________], authorize [Law Firm Name] to destroy my file for the matter described in this notice. I understand that:

• The file will be securely destroyed
• I will not be able to retrieve these documents afterward
• The firm will retain only basic identifying information
• Original documents (if any) ☐ have been returned to me ☐ may be destroyed

Signature: [________________________________]
Date: [__/__/____]

If you want to retrieve your file:

I, [________________________________], request that my file be:

☐ Made available for pickup at your office
☐ Mailed to the following address:
[________________________________]
[________________________________]

☐ I want the complete file
☐ I want only the following documents:
[________________________________]

I understand that copying and shipping fees may apply.

Signature: [________________________________]
Date: [__/__/____]
Phone: [____________________]

Important Deadlines

Thank you for your attention to this notice. If you have any questions, please do not hesitate to contact us.

Sincerely,

[________________________________]
[Attorney Name / Office Manager]
[Title]
[Law Firm Name]

Please retain a copy of this notice for your records.

Sources and References

• ABA Model Rule 1.15: Safekeeping Property
• ABA Model Rule 1.16(d): Protecting Client Interests on Termination
• North Carolina State Bar RPC 209: File Retention
• Michigan Bar: Disposition of Client Files
• Attorney Protective: When to Retain or Destroy Old Client Files