Michael Muma
Attorney at Law

File Retention Policy

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CLIENT FILE RETENTION POLICY
OF
MICHAEL MUMA, ATTORNEY AT LAW

The following is the Client File Retention Policy (hereafter called the Policy) of Michael Muma, attorney at Law, 134 N. Main, Plymouth, Michigan 48170, (hereafter called the Firm), established pursuant to MRPC 5.1 and Ethics Opinion R-5, July 30, 1990.

APPLICATION OF POLICY.  This policy shall apply to all active client files and all client files placed in inactive status after July 30, 1990, and is to be followed by all attorneys and staff of the firm and by all independent contractors working on client matters for the firm.

CONFIDENTIALITY.  Unless waived by the client in writing or by operation of law, all materials contained within client files maintained by the firm shall be considered to be confidential in nature, which confidentiality shall be maintained by all those associated with this firm.

RELEASE OF INFORMATION FROM CLIENT FILE.  Absent written permission from the client to release all or part of the client's file and authorization of an attorney in the office, no materials or information contained therein shall be released to any person.  In unusual circumstances, a firm attorney may release information contained in a file upon verbal permission from the client to do so or when confidentiality is waived or no longer exists by operation of law.

POWER OF ATTORNEY.  The firm is entitled to rely upon the instructions of a bona-fide attorney-in-fact (Power of Attorney) for the client in the release of information from a client file.

WORK PRODUCT OF ATTORNEY.  Certain documents in client files may represent the work product of the firm and, as such, remain the property of the firm.  The firm may properly retain and/or destroy such documents without consulting with the client.  No such work product shall be considered part of the client's file even if contained therein.

CLIENT MATERIALS.  Staff converting files to closed or inactive status will review each file for materials belonging to the client such as abstracts, insurance policies, and deeds.  These materials will be mailed to the client at the last address in the file with a letter of enclosure identifying the materials returned.

LOCATION AND STORAGE OF FILES.  All active client files shall be maintained in file cabinets within the main offices of the firm.  Closed and inactive client files shall be kept in a designated storage area.  Files may be removed from the firm's offices only by its attorneys should such removal be required for court appearances, depositions, conferences, and such, or for work to be performed elsewhere.  With notification to and approval of a firm attorney, members of the firm staff may remove files from the office for evening or weekend work thereupon.  Any person so removing a file is responsible for its security, safekeeping, and return, and for maintaining such file from the view of other persons.

DESTRUCTION OF CLIENT FILES.  The time frame for destruction of client files shall be determined by the attorney in charge of such file.  The firm reserves the right to destroy a client file upon completion of all work thereupon and thirty (30) days or more after furnishing to the client the notice described below.

ESTATE PLANNING DOCUMENT.  The above-described policy regarding destruction of client files does not apply to any original estate planning documents (such as Wills, Trusts, or Durable Powers of Attorney) which the firm has agreed to retain for safekeeping.

MONITORING THE SYSTEM.  This policy shall be discussed semiannually at a staff meeting to assure that it is operating properly.  All staff personnel shall be responsible for application of the policy to the files of the attorney with whom the person primarily works.

NOTICE TO CLIENT.  Unless otherwise directed by a client, when a file is placed in closed or inactive status, notice of such fact shall be sent by the firm to the client at the last address in the file.

CLIENT REVIEW OF FILE.  For a period of thirty (30) days from and after the above described notice the client shall have the absolute right to review the file and obtain copies of any papers not previously furnished to the client.  The firm shall charge the client the reasonable cost of making any such copies.  The firm shall retain copies of any and all documents contained within the client file which the firm deems, in its absolute discretion, necessary to retain a record of its representation of the client.

Revised November, 2006

Michael Muma, Attorney at Law
134 North Main Street
Plymouth, Michigan 48170
Telephone: (734) 453-1976
Fax: (734) 453-1413
Email: mumalaw@gmail.com

Plymouth, Michigan, estate planning attorney Michael Muma represents wills, trusts, and probate clients in Wayne County, Oakland County, Washtenaw County, Canton, Livonia, Northville, Novi, Van Buren Township, Commerce Township, Redford, Salem Township, Dearborn, South Lyon, Westland, and Farmington Hills MI.

 


 


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