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ABA Opinion on what papers lawyers have to return to former clients
Post on July 8th, 2015

The ABA just issued an Opinion clarifying a lawyer’s ethical duty to provide a former client with papers and property pursuant to Model Rules 1.15 and 1.16. This Opinion (ABA Formal Opinion 471) offers some practical considerations and can be read here http://www.abajournal.com/files/aba_formal_opinion_471(7-1-15).pdf Opinion 2010-2 of the Ohio Board of Commissioners on Grievances and Discipline (now Board of Professional Conduct) is noted in the ABA Opinion and can be read here Opinion 2010-002.

These opinions highlight the need for lawyers to develop good document management policies. For more information, see What Do I Do with Closed Client Files? on the OBLIC website https://www.oblic.com/resource-articles/malpractice-alerts/2013/06/01/what-do-i-do-with-closed-client-files/