Kara Sears
Law firms have different methods of storing old case files, with some firms opting for digital storage and others keeping physical copies in boxes. In the US, old case files are treated as public records, meaning anyone can request to view them. The Public Access to Court Electronic Records (PACER) service provides access to federal court records for a fee of 10 cents per page, with a maximum charge of $3.00 per document. Case files can also be accessed from the public access terminals in the clerk's office of the court where the case was filed. For cases less than 15 years old, researchers must contact the appropriate federal court to obtain access.
| Characteristics | Values |
|---|---|
| How to store old case files | Scan and immediately return to the client, or scan and shred |
| How long to keep case files | Depends on the type of case and state and federal rules |
| Accessing old case files | Contact the appropriate federal court, use PACER, or visit the courthouse |
| Confidential case files | Juvenile dependency and delinquency cases, criminal cases, juvenile justice, and child welfare cases |
| Cost to access case files | $0.10 per page with a maximum charge of $3.00 per document |
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What You'll Learn
Storing old case files
To avoid the costs and hassle of physical storage, many firms opt to digitize closed case files. This involves scanning documents and immediately returning them to the client. Maintaining digital files ensures better security and privacy for client information. Additionally, consistent naming conventions for digital files are essential for efficient file retrieval and backup.
Federal case files are often maintained electronically through the Public Access to Court Electronic Records (PACER) service. PACER provides access to case and docket information for a fee of 10 cents per page, with a maximum charge of $3.00 per document. Users are billed quarterly, and fees are waived for those accruing less than $30 in a quarter.
For court records less than 15 years old, individual federal courts hold the records, and researchers must contact the appropriate court for access. Older court records are transferred to the National Archives and Records Administration (NARA) for permanent preservation and storage. NARA holds records from federal courts and can be accessed by appointment only.
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Accessing old case files
Identify the Type of Case and Jurisdiction:
Start by identifying the type of case you are interested in, such as criminal, civil, family, or bankruptcy. Different types of cases may be handled by different courts or record-keeping systems. Additionally, the process may vary depending on whether the case is at a federal, state, or local level.
Determine the Age of the Records:
The age of the case files will impact their accessibility. Generally, federal court records less than 15 years old are still held by individual courts and are not transferred to the National Archives. For records less than 15 years old, you will need to contact the specific court where the case was handled.
Accessing Records Through Courts:
If the records are held by a court, you may be able to access them by visiting the courthouse or through remote access, depending on the type of case and the court's policies. Some courts provide online access to case information through their websites or electronic court record systems. However, in certain cases, such as those involving privacy concerns, you may need to visit the courthouse in person to view the records.
Utilizing Public Access to Court Electronic Records (PACER):
PACER is an electronic records system that provides access to federal appellate, district, and bankruptcy court case information. Anyone can create a PACER account to search for and locate cases. There is a fee of 10 cents per page, with a maximum charge of $3.00 per document. However, fees are waived for users who accrue less than $30 in a quarter.
Accessing Records at the National Archives:
For older records that have been transferred to the National Archives and Records Administration (NARA), you will need to follow their specific access procedures. NARA retains a small percentage of permanent documents, and access is by appointment only. You can request NARA forms online or hire a NARA-approved researcher to assist you in accessing the records.
Exploring Additional Resources:
Depending on the type of case and the jurisdiction, you may also explore other resources, such as local law enforcement archives, public libraries, newspaper archives, and legal databases like Lexis, Westlaw, and Fastcase. In some cases, you may need to submit a "Public Access Request" to the relevant authority to obtain the records.
It is important to note that certain records within case files may not be available to the public due to privacy or confidentiality concerns. Always remember to respect the privacy of individuals involved in the cases and comply with any applicable laws or restrictions when accessing old case files.
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Confidential case files
When dealing with confidential case files, there are several important considerations and procedures to follow. Firstly, it is crucial to understand the specific laws, rules, and ethical guidelines that govern the handling of confidential information in your jurisdiction. For example, in Washington, GR 22 and related forms protect privacy in family court matters, allowing the sealing of personal identifiers from public access. Similarly, GR 31 provides broad public access to court records while also allowing for specific restrictions to protect the privacy of those involved.
Confidential documents are not accessible to the public and are governed by specific rules, such as Federal Circuit Rule 25.1 for sealed or confidential filings. These documents must be properly marked and served on parties and counsel through alternative methods. It is essential to redact all sensitive information, as courts may impose sanctions for non-compliance. Additionally, consider using a document destruction company that certifies confidential practices to ensure secure disposal.
When retaining or destroying confidential case files, law firms should implement robust records management practices and file retention policies. This includes determining which files to retain, such as those required by law or to protect client interests, and securely disposing of the rest. Storing files electronically is generally cheaper and more convenient, but some original physical documents, such as deeds, may need to be retained.
Before destroying any confidential case files, it is essential to obtain client consent and consider the potential future use of the files. For instance, retaining files can help defend against malpractice claims or disciplinary charges. Additionally, certain items, such as opinion letters, factual summaries, witness statements, and other sensitive papers, should be shredded to protect client confidentiality.
Overall, the handling of confidential case files requires a careful balance between maintaining privacy, complying with legal and ethical obligations, and ensuring efficient records management. Law firms should implement comprehensive policies and procedures to address these complexities and safeguard sensitive information effectively.
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Case file retention policies
Determining Retention Periods
The retention period for case files varies depending on several factors. In some cases, legal or contractual requirements dictate the minimum retention period. For example, certain tax forms must be retained for a specified duration. It's important to review state and federal laws, as well as industry-specific regulations, to determine the mandatory retention periods for different types of records.
Immediate Use and Historical Reference
Generally, records should be maintained for their period of immediate use. However, longer retention may be necessary for historical reference, as per the California Lawyers Association's (CLA) policy. Documents with historical significance should be retained unless approval for their destruction is granted by the CLA's President, Board Chair, and Executive Director.
Client Materials and Return of Documents
Attorneys have an ethical duty to safeguard client materials and return relevant documents to clients when the representation ends. This is outlined in the Model Rules of Professional Conduct 1.15(a) and 1.16(d). It is essential to have a clear process for identifying and returning client documents upon the closure of a case.
Digital Storage and Scanning
Many law firms are transitioning to digital storage systems, scanning documents, and immediately returning the originals to clients. This reduces the need for physical storage space and improves document retrieval. However, it is crucial to ensure that digital storage systems are secure and comply with data protection regulations.
Retention Policies and Labels
Utilizing retention policies and labels can help automate the retention and deletion process. For example, Microsoft's Preservation Hold library retains deleted files for 30 days to prevent inadvertent data loss. Retention labels can be applied to different types of content, allowing for specific retention settings and governance control at the item level.
Training and Implementation
Developing a retention policy is just the first step. Law firms should provide training to ensure staff understand the policy and can implement it effectively. This includes educating attorneys and support staff about the importance of proper record-keeping, the relevant regulations, and the practical steps for organizing and retaining case files.
By following these guidelines and tailoring them to the specific needs of your law firm, you can establish comprehensive case file retention policies that ensure compliance, efficient record-keeping, and effective management of old case files.
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Case file archiving
Identify Retention Requirements
Before archiving, it is crucial to determine which case files need to be retained and for how long. Law firms should refer to state and federal rules, as well as their retention policies, to identify the minimum period they must keep case files. For example, in bankruptcy cases, certain documents with original signatures must be retained for a specified duration. Understanding these requirements ensures that essential files are not prematurely discarded.
Digitisation and Storage
Digitising case files is a recommended step to reduce physical storage needs and improve accessibility. Scanning documents and returning the originals to clients can free up office space and enhance organisational efficiency. Digital storage options, such as local servers or cloud-based solutions, offer secure and cost-effective alternatives to physical storage. Cloud storage, in particular, provides benefits like data centralisation, improved search functionality, and protection against ransomware.
Archival Storage Solutions
When selecting an archival storage solution, consider using acid-free and lignin-free boxes to protect documents over the long term. Additionally, utilising document cases with dividers and spacers helps keep files organised and prevents damage during storage or transportation. For increased protection, some archival boxes are designed with corrosion-resistant properties to neutralise the effects of corrosive gases, reactive gases, and pollutants.
Accessing Archived Files
Archived case files can be accessed through various means, depending on their age and location. Federal case files are typically maintained electronically and can be accessed via the Public Access to Court Electronic Records (PACER) service. Older case files, on the other hand, may be stored in paper format only. The National Archives and Records Administration (NARA) hold court records dating back over 200 years, and these can be accessed directly or through Federal Records Centres.
Compliance and Security
Ensuring compliance with legal and privacy regulations is essential when archiving case files. Organisations should implement measures to mitigate data security risks and protect sensitive information. This includes decommissioning legacy file systems and utilising secure cloud environments. By regularly reviewing and updating archival processes, law firms can maintain compliance and safeguard client data.
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Frequently asked questions
Old case files can be accessed in a few ways. The first is by submitting a request at the local courthouse or local law enforcement headquarters. The second is by registering for a PACER account and accessing federal court records online. The third is by visiting a public library, especially for cases that happened before the internet.
Yes, some case files are confidential and not available to the public. Examples include records filed in juvenile dependency and juvenile delinquency cases. Arrest reports, crime and incident reports, and sealed records may also not be publicly available.
There is a fee for accessing case files. Viewing a file through PACER costs $0.10 per page with a maximum charge of $3.00 per document. Printing from a public access terminal costs $0.10 per page.
If you have enough evidence to warrant a search or arrest, you should contact law enforcement. You can also join the FBI Intern Program to gain investigation skills and insight into how cases are solved.
