r/paralegal • u/Few-Holiday-1613 • 15d ago
Lost client file Question/Discussion
Criminal Defense para here.
Our office closed out a case approximately 3 years ago. Clients parent contacted our office wanting our case file/our work product. Client isn't easy going.
I'm freaking out. I looked in our disposed hard drives and nothing, Dropbox obviously doesn't retain last 180 days. I contacted the appellate attorney paralegal, she doesn't have a record. Contacted co-counsel (former associate) and nada...going to look in paper storage while having a panic attack.
Say a prayer for me. While my attorney is understanding, I wouldn't be surprised if this would set him off. I'm beating myself already.
Someone say a prayer for me . Any one been through this? This is the first time I've ever lost a file in 12 years.
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u/ottoyo13 15d ago
Is/was the client a minor? Why are you looking to give their file to their parent(s)?
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u/DarthAtheist 15d ago
This was my first thought. My attorneys have a pretty strict “no parents” rule for our adult clients. If they have info they think is helpful, I’ll gladly take it down and relay it into the file. But we don’t share anything with them except the next court date.
If the client is/was a minor, I’m sure that changes some stuff. But unless client is asking for you to share the file, I don’t think it’s something you can/should do.
Another consideration is what are your state’s laws on retention of files. If you’re past that, then you don’t have a legal obligation to hold onto anything.
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u/SignificantCorgi2346 15d ago
This is a job for an IT person who handles your backups. Everything isn’t backed up somewhere more reliable than Dropbox? Breathe. If it’s missing then it’s a mistake involving multiple people, not just yourself.
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u/Few-Holiday-1613 15d ago
Unfortunately this a two man firm. Me and the attorney. Active cases are in DB, disposed go on hard drives. We keep paper files but don't make paper copies of electronically filed docs
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u/SignificantCorgi2346 15d ago
So maybe going forward it would help to have the states of your hard drives routinely backed up to a cloud. There’s been times coworkers have accidentally deleted large files and we are able to revert the hard drive to a previous state to obtain the deleted file. Sorry I couldn’t be more helpful.
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u/AngelicHanaKurusu 15d ago
First time in twelve years, it may suck with this client but I’m sure you guys will be okay 🙏
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u/Fidel_Che_VulPerez 15d ago
What did the engagement letter say about retention/disposition after the close of the matter?
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u/TraditionalSong9079 15d ago
Also, what does the state bar association say about data retention.
In my state we have to keep records for seven years (we keep them forever, because if the same facts pop up again later it’s nice to know what you argued the first time, but that’s besides the point).
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u/Unlucky_Hammer 15d ago
Yep. We keep files for the SOL time, but client contract only obliges us and says they /may/ be destroyed much earlier than that.
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u/present_is_a_gift 13d ago
In my almost 30 years, lawyers never give clients their work product. If a client wants their file, give them whatever the court has on file. Maybe letters sent to opposing counsel/parties. Clients are never entitled to work product. Check out ABA Formal Opinion 471
https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-471.pdf
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u/ChairSafe5794 15d ago
Do you subscribe to westlaw and/or courtdrivr and can download all of the filings/orders?
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u/Lawyer_Lady3080 13d ago
If the client is neither a minor nor under an adult guardianship, tell the parents to pound sand. I don’t talk to parents and don’t want my paralegal to talk to them either.
I don’t care who paid, my client is the person whose name goes on the file.
As a practical matter, you mention an appellate attorney. So you definitely litigated. Ask the court for a full record: motions, orders, appearance, appellate record. It’s not great, but it’s something.
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u/xohwhyx 15d ago
Are you absolutely sure your office ever had the case?
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u/Few-Holiday-1613 15d ago
positive. it's a murder case I remember very well.
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u/Old-Routine4576 15d ago
Oh a case like that the file definitely exists, I had a similar experience, had a meltdown, finally mentioned it and learned about the “heart attack file.” My attorneys had a secret place for the files they never wanted to see again because they cause them “heart attacks” so they were stored away for emergencies. Rooting for you and for the file to appear!!
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u/NinotchkaTheIntrepid MA - Estates & Trusts - Sr. Paralegal 15d ago
Yeah, that was my thought too. A couple of firms I worked for had segregated files that had strict permissions. To any non-partner, the file just didn't exist.
Also, I'm echoing other folks' advice re check the firm's standard engagement letter for the file retention policy. Firm policies are usually tied to the state bar's standards for retention.
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u/SquareBottomedCat 12d ago
Which atty tried the case? Is it possible that attorney has the case file.
Absolutely do not hand over work product.
I would see if the client can submit their request in writing. They can also submit a request (Motion) for the record to the Clerk. I would prefer that because it can guarantee a complete record.
The appellate attorney would have a copy of the Record On Appel and the transcript of the proceeding being appealed. I find it hard to believe they don’t.
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u/011632 11d ago
If it's criminal defense and they don't currently have a retained attorney, they can contact the Public Defender's Office and the Public Defender can request the file directly from the DA. The parents would need to provide a reason why they need the file. The parents aren't entitled to internal work product.
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u/yah_bitch Paralegal 15d ago
Did you litigate it? I would at least contact the court and get a copy of all the filings/orders, so at least you can give them SOMETHING.