Your firm should have a system for managing files, including digital files. All your staff should be aware of this system.
Managing files
You should be able to:
- list open and closed matters
- identify all files and documents about a client
- easily check the status of a matter and any action taken
You should have regular file reviews to make sure deadlines are met and that files are closed when they need to be. A supervisor can give fee earners lists of open files, showing their status and any work done, for regular review.
If you outsource file storage, make sure that you meet:
- the SRA's guidance on confidentiality of client information
- obligations to your client, including those around the GDPR
Closing files
Closing files when a matter has ended helps you:
- manage risks
- fulfil your client care obligations
- show efficiency
Make sure that data stored digitally is fully deleted from your case management system or digital storage. You may need to carry out a secure delete.
Under GDPR, you must destroy an individual’s data in certain circumstances.
Before closing a file, you should check that the following steps have been taken:
Administration
- The matter is complete and all actions have been taken
- The file is organised according to your firm’s system, for example drafts are stored in sequence, documents are stored in date order and duplicates are removed
- A date for destroying the documents has been recorded
Monies and assets
- The bill has been paid, including disbursements and administrative fees, and your firm has written off any outstanding amounts
- Assets have been returned to the client where necessary
- Your accounts system ensures that a file cannot be closed if money is still owed
Future-proofing
- Any issues or complaints raised by the client have been dealt with
- A record has been made of future requirements
- A final risk review has been carried out
- The client knows the outcome of the matter and (if appropriate) what will happen to the file
Risks of poor file management
If you do not have a system for managing files, you may fail to:
- identify issues relevant to a case
- notice fault or negligence
- record key dates
- return assets to a client
- ensure the matter has been billed and payment received
- tell the client the matter is closed or further action is needed
Resources
Practice note: File closure management