How long are lawyers required to keep records for cases they have handled in the past, particularly auto accident cases?
Question Details:
There is no required time period for how long an attorney should keep a case once it is closed however an attorney like any other business has to recognize that any case handled was based upon a written contract and thus the case should at least be kept for time period in which an action may be taken upon the contract. In Kansas a person can sue for breach of contract if the action is brought within five years of the contract fulfillment. Considering the same a case should be kept for at least the period of time in which an action can be taken i.e. five years. Also like any other business an attorney needs to be concerned with maintaining the case records for IRS purposes and most consider that to be seven years.
In Massachusetts, a lawyer is required to keep records for ten years. The ten years should be counted from the date the case ends.