#1989-90/2 Confidentiality: Off-Site Storage of Closed Client Files

Ethics Committee Formal Opinion #1989-90/2

Confidentiality:  Off-Site Storage of Closed Client Files

November 9, 1989

ANNOTATIONS

The duty to preserve client confidence continues even after a file is closed, and the client-attorney relationship has ended.  (Rule 1.6; Rule 5.3)

An Attorney may use outside, off-site storage retrieval services to store and maintain closed client files, provided the attorney uses due care in selecting the provider and takes all reasonable measures to insure provider does not disclose or use client confidences.  (Rule 1.6; Rule 5.3)

QUESTION:

1. Does use of an off-site storage and retrieval service to store and maintain closed client files violate the New Hampshire Rules of Professional Conduct.

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