08 Mar Are You Getting Ready to Weed / Destroy Some Files?
Now that we are in a new year, this is a common time for agencies to seriously consider their record retention schedule with plans to destroy some files that are no longer necessary.
Most agencies have a set position on this. If your agency does not, it is heavily suggested one be developed with that position clearly stated in a file retention and destruction policy. Without this type of policy, there is a chance that files could be destroyed before their time. Since most states have a statute of limitations for filing claims, the agency needs to set a position and make all staff aware of it. While retaining files for seven years is commonly suggested, this can vary based on various state laws. Googling this topic will provide access to many quality articles.
Some key issues to be aware of:
The file retention and destruction policy should include the rules and procedures for releasing and destroying client documents after a set time. The agency should enforce the position that the retention and destruction of files can only be done consistent with the agency’s stated policy.
Agencies should be very aware that selectively purging or destroying a file before its time is a red flag and could impact the resolution of an E&O matter. If there is a pending claim or the potential for litigation, an agency should not destroy or purge any related files. If this were to happen, the agency could face further problems with allegations of “spoliation of evidence” against it.
The agency should make every effort to preserve any file materials that are directly or even remotely related to a pending claim or litigation, even if the destruction of that file or files is warranted under the agency’s existing retention and destruction policy.
Regarding the destruction of files, it is suggested that agencies either shred their files through the use of commercial-grade shredding machines or use the services of a shredding service that will come on-site.