ClearRecord automates file retention policies for law firms, securely deletes individual aged client files from operational workstations per NIST SP 800-88, and generates destruction certificates that protect against malpractice claims.
The obligation
Lawyers have an ethical obligation to safeguard client files and to destroy them properly when the retention period expires. Three sets of rules govern this:
The risk of poor file management is real. Malpractice claims related to file handling include failure to return files, premature destruction of relevant documents, and inability to prove proper disposal. A documented, automated destruction process with certificates is the standard defense.
Requirements mapping
| Legal requirement | How ClearRecord addresses it |
|---|---|
| Rule 1.15 Safekeeping of client property | Files are monitored and retained for the configured period. No premature deletion. Encrypted audit database tracks every file on every workstation. |
| Rule 1.16(d) Proper file disposition | NIST SP 800-88 Rev. 2 Clear-level secure deletion ensures destroyed files cannot be recovered. Each deletion generates an audit record. |
| Opinion 477R Reasonable security efforts | mTLS encrypted agent-to-hub communication. AES-256 encrypted database. RBAC access controls. All data stays on your firm's network. |
| State bar retention periods | Per-folder retention windows (e.g., 90 days for Downloads, 7 years for case folders). Policy groups for different practice areas. Fully configurable. |
| Malpractice protection | Destruction certificates document what was destroyed, when, by what method, and who authorized it. Tamper-evident hash chain proves the record was not altered. |
| Attorney-client privilege | 100% on-premise. No filenames, client names, or audit data ever leave your firm's network. No BAA or external data agreement required. |
For law firms
PDF/A-2b archival certificates with ABA Model Rules citations, detailed event logs, and authorized signatory attestation. Ready for malpractice defense and bar audits.
Policy groups let you set different retention windows for different practice areas. Litigation files, real estate closings, and estate documents can each have appropriate retention periods.
The Legal compliance pack defaults to 7-year log retention. Every deletion is recorded in a tamper-evident hash chain that proves your audit trail has not been altered.
Client data never touches external servers. Critical for maintaining attorney-client privilege under ABA Model Rule 1.6 and state confidentiality obligations.
Common questions
There is no single federal rule. Retention periods vary by state bar rules, practice area, and file type. Most state bars recommend 5-7 years after case closure for general files, with longer periods for certain documents (real estate: 10+ years, estate planning: permanently). ClearRecord lets you set per-folder retention windows to match your firm's policy.
ABA Model Rule 1.15 (Safekeeping Property) and Rule 1.16(d) (Declining or Terminating Representation) require lawyers to safeguard client property and return files at the end of representation. ABA Formal Opinion 477R addresses security obligations for electronic files. The ABA recommends documented destruction procedures with records of what was destroyed, when, and by what method.
Yes. A destruction certificate creates a contemporaneous record proving files were destroyed pursuant to the firm's retention policy, not selectively or in bad faith. If a former client later claims their files were improperly handled, the certificate documents that destruction followed the same standardized process applied to all files.
ClearRecord enforces automated retention policies for files that are eligible for destruction. If a litigation hold is in effect, the firm should exclude the relevant folders or workstations from ClearRecord's monitored paths until the hold is lifted. ClearRecord does not override manual holds. It only deletes files that have exceeded their configured retention window in monitored folders.
No. ClearRecord runs entirely on your firm's network. No client names, filenames, case details, or audit logs ever leave your premises. This is critical for attorney-client privilege and ethical obligations under ABA Model Rule 1.6 (Confidentiality of Information).
Contact us to schedule a demo. We will walk you through setup for your practice.
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