As any solicitor knows, document security is a complicated topic. In fact, document security is more challenging for solicitors than it is for those in most other professions. Well-managed records are essential for solicitors to do their jobs properly, as they can face stiff penalties if documents are not available when they should be. How do you address your clients’ privacy concerns, while making sure you comply with laws regarding document retention and destruction?
When Can Files Be Destroyed?
This question is not easily answered. The Australian Solicitors Conduct Rules (ASCR) from 1 June 2012 say, ‘A solicitor or solicitor’s law practice may destroy client documents after a period of seven years has elapsed since the completion or termination of the engagement, except where there are client instructions or legislation to the contrary.’
However, most solicitors agree you cannot destroy your clients’ files without their consent. Some of the files may legally be clients’ property. You know that you need to balance caution with privacy regulation compliance, and you also need to consider the local law in the area where you practice. Your legal knowledge and your clients’ consent are your guides to deciding when to destroy documents. You’re a pro at figuring out the right thing to do, but the people at Shred on Site are pros at getting it done.
When you know it’s the right time to destroy documents, shredding is your only safe option. Legal documents contain an incredible amount of sensitive information. You cannot risk having it exposed to the world.
Developing a Document Security Plan
Because law practices are required to store hundreds or even thousands of documents for long periods of time, developing a document security strategy is critical. Shred On Site can help you do that. It is important that the documents remain easily accessible, but are also stored in a secure area. Law practices need more storage space than the average business, because on top of all of the client documents, law practices still need to keep the personnel and financial data that all businesses are required to maintain.
Law practices should pick a secure storage area and strictly limit access to authorised personnel only. This will minimise the risk of documents being accessible to unauthorised people. Because law firms may need to keep data for an extended period, say the lifetime of a client, solicitors may need to invest in certain environmental controls to make sure the paper stays intact.
These specialised needs can be difficult to address. Shred On Site can help you develop a document destruction plan, and will certainly assist you with your shredding needs when you are finally ready to rid yourself of documents. Instituting a regularly scheduled ‘shred day’ can be the answer to eliminating many unneeded paperwork. Work to create your retention and destruction plan, and then follow it.
…and to get it done, call Shred On Site today.
