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Practicing With Professionalism - South Carolina Bar Association

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c. The ability to check conflicts with a new client matter will be an (<br />

integral part ofthis record ofclient information:<br />

(l) Check for conflicts before the initial consultation with the<br />

client when confidential information will be received; and<br />

(2) Additional conflicts checks will be required as additional<br />

parties become known.<br />

4. A record ofclosed files must be maintained and retained even after the<br />

return, disposal, or destruction ofclient files:<br />

a. Prepare a file retention .plan to include storage considerations,<br />

regular review, and destruction or other disposal according to the<br />

plan;<br />

b. Consider having a fee agreement that addresses client file retention<br />

and destruction;<br />

c. Consider making the file retention policy part of initial and<br />

ongoing commlmication with the client, including the fee<br />

agreement;<br />

d. Consider addressing the issue of costs for copying files in the<br />

attorney's fee agreement. See CBA Ethics Opinion 104, Surrender<br />

ofPapers to the Client Upon Termination ofthe Representation;<br />

(<br />

e. Acree, "File Retention: How to Manage All that Data," 20 Colo.<br />

Law. 3, p. 481;<br />

f. Colo. RPC 1.15 requires complete records of accounts holding the<br />

property ofclients or third persons to be kept for a period ofseven<br />

years along with receipt and disbursement records of all deposits<br />

and withdrawals from the accounts.<br />

C. Timekeeping, billing, and collection require your attention to keep your<br />

practice alive.<br />

1. Choose a timekeeping system and train all timekeeping employees to<br />

adhere to it;<br />

2. Set a regular billing cycle, inform the clients of the cycle, and set<br />

aside stafftime necessary to process billing and collections;<br />

3. Inform the clients of costs to be charged to them, maintain accurate C.<br />

cost records, and bill the costs to the clients; .<br />

<strong>Professionalism</strong> CLE (2004)

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