Attorney's Guide to File Retention, Destruction and Security

Agenda / Content Covered

1. Document Retention and Destruction: Rules and Rights
   10:00 — 11:00, W. Roy Jacobs
   1. Legislative and Regulatory Requirements
   2. Who Owns the Documents? (Originals, Copies, Notes)
   3. Special Considerations for Law Firm Administrative Documents
2. Legal Ethics: Attorney's Obligations in Rules of Professional Conduct
   11:00 — 12:00, Barry Klayman
   1. Attorney Duty of Technology Competence
   2. Protecting Confidentiality
      1. Electronic Communications
      2. Data Storage and Security
      3. Inadvertent Disclosure
      4. Waivers
   3. What to Do With Client Docs When Withdrawing Representation, Retiring, Moving Firms
   4. Case Documents and Respect for Rights of Third Persons
   5. Responding to Third-Party Requests for Documents
   6. Top Ethics Compliance Mistakes
3. Communicating With Clients and Other Parties About Record Destruction - With Sample Correspondence
   12:15 — 1:15, W. Roy Jacobs
4. Model Document Retention/Destruction Policy
   1:15 — 2:15, Barry Klayman
   1. Actions That Indicate Completion of a Case/Legal Matter
   2. Culling Files
   3. How to Destroy Files
   4. Guidelines for Implementing a New Policy
   5. Common Issues That Arise
5. Electronic Records Destruction
   2:45 — 3:45, Robert Kasieta
6. Data Security in Your Daily Law Practice
   4:00 — 5:00, Robert Kasieta
   1. State of Law Office Electronic Records
   2. Duty of Technology Competence
   3. Rules of Professional Conduct Guidance on Protecting Confidentiality
   4. Securing Lawyer Email Communications
   5. Protecting Electronic Files: Cloud Storage and Collaboration Tips
   6. Use of Cell Phones and Tablets in Legal Practice: Risks and Best Practices
   7. Lessons From Cyberattacks on Law Offices
   8. What to Do When Suspecting a Data Breach

Accreditation Details:

W. Roy Jacobs is a divorce and custody attorney with Cape Fear Family Law in their Jacksonville, North Carolina office. Mr. Jacobs practices exclusively in family law and he is a member of the North Carolina State Bar Association. He earned his B.A. degree from the University of North Carolina at Wilmington and his J.D. degree from the University of North Carolina School of Law in Chapel Hill.

Robert J Kasieta is the founder of Kasieta Legal Group, LLC, in Madison, Wisconsin. He is a certified civil pretrial and trial specialist by the National Board of Trial Advocates. Mr. Kasieta practices in civil litigation, with an emphasis on plaintiff personal injury and employment cases, as well as commercial litigation. He has written and taught extensively in the areas of trial practice, personal injury law and insurance law, and is an instructor of trial practice at the University of Wisconsin Law School. Mr. Kasieta is admitted to practice before the U.S. Supreme Court, as well as the U.S. Court of Appeals for the 11th Circuit, U.S. Court of Appeals for the 7th Circuit, and all Wisconsin courts. He is a member of the Dane County Bar Association, State Bar of Wisconsin, and the American Association for Justice. Mr. Kasieta earned his B.S. degree, summa cum laude, from Northern Michigan University and his J.D. degree from Marquette University Law School.

Barry M Klayman is a member of the commercial litigation and the bankruptcy, insolvency, and restructuring practice groups at Cozen O'Connor, where he concentrates his practice in the areas of civil and commercial litigation, fiduciary and corporate governance, and bankruptcy. He represents clients in many industries, including manufacturing, financial and professional services, software manufacturers, publishers, retailers, real estate developers and real estate brokers. Mr. Klayman has extensive jury trial experience. He is a member of the American Bar Association, the Federal Bar Association, the Delaware State Bar Association, the Pennsylvania Bar Association and the Philadelphia Bar Association. Mr. Klayman earned his B.A. degree, magna cum laude, from Columbia University and his J.D. degree, cum laude, from Harvard University. He writes a monthly commentary for the online publication Delaware Business Court Insider.