Legal Files - Office of General Counsel
Series #: GEN-002-010R
Series Description:
Office of General Counsel working files and records of legal cases and litigation involving the ¾Ã²ÝÈȾòÝÊÓƵ, officials, employees, or departments. Also included are documentation of counsel developing, requesting, responding to, or presenting opinions on legal matters directly related to the ¾Ã²ÝÈȾòÝÊÓƵ. This series includes responses to a court case where the ruling or decree sets a legal precedent affecting the ¾Ã²ÝÈȾòÝÊÓƵ’s organization, programs, policies, or procedures.
Series Cutoff: End of Fiscal Year the Matter or Case was Resolved or Opinion was Rendered.
Retention Period: Permanent
Disposition Action: Permanent
Approval Date: 2023-12-18
Notes and Citations:
After 10 years, files can be destroyed or deleted with specific authorization of the Office of General Counsel (OGC).
Missouri Supreme Court Ruling 4-1.22 File Retention requires the secure storage of a client's file for six (6) years after completion or termination of the representation absent other agreement between the lawyer and client through informed consent confirmed in writing. Such informed consent confirmed in writing may be made between the lawyer and the client at any point during the six years after completion or termination of the representation. If the client does not request the file within six years after completion or termination of the representation, the file shall be deemed abandoned by the client and may be destroyed.
The six (6) year client file retention requirement shall apply to all client files where the completion or termination of the representation occurs on or after July 1, 2016. All client files where the completion or termination of the representation occurs prior to July 1, 2016, shall be governed by the previously required 10 years. A lawyer shall not destroy a file pursuant to this Rule 4-1.22 if the lawyer knows or reasonably should know that:
(a) a legal malpractice claim is pending related to the representation;
(b) a criminal or other governmental investigation is pending related to the representation;
(c) a complaint is pending under Rule 5 related to the representation; or
(d) other litigation is pending related to the representation;
(e) items in the file with intrinsic value shall never be destroyed.
Reviewed 2023-12-18