File Retention Guidelines


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The File Retention Guidelines, adopted on December 6, by the Board of Governors of the Connecticut Bar Association, cannot be considered a safe harbor for the retention or destruction of files. Regardless of any stated policy, the client has certain property interests in many types of documents — deeds, wills, and contracts are obvious examples. Others are not so obvious. For instance, who owns expert reports obtained by attorneys and paid for by clients?

Similarly, does the client own every sheet of paper for which he or she has paid a copy charge? If a client has paid an attorney to attend a meeting, do the notes of that meeting belong to the client? To avoid such questions, all attorneys are encouraged to include a paragraph in their retaining agreements setting forth how documents will be retained or destroyed upon conclusion of the matter.

Nonetheless the guidelines set forth below do set forth standards of practice and hopefully will aid firms and attorneys in the formation of their own retention policies. Guideline 1. Notwithstanding any of the other policies set forth below, the retention or destruction of documents may be determined by written agreement between the attorney and the client. Properly drawn, it is a contract. Further it can be tailored to fit the particularities of the practice and the matter at hand.

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Click here for information on what to do. CHET Advisor provides an efficient, flexible, convenient way to save for a college education. College Savings Calculator. Investment Options. More Ways to Save. On December 20, Congress passed legislation that included expanding the definition of qualified higher education expenses. Section of the Internal Revenue Code now includes expenses for fees, books, supplies, and equipment required for the participation of a designated beneficiary in an apprenticeship program registered and certified with the Secretary of Labor under the National Apprenticeship Act.

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Day Pitney remains committed to providing quality legal counsel, while protecting our clients and employees. On May 8, Gov. Ned Lamont released sector rules for the anticipated May 20 reopening of several types of Connecticut businesses. The rules address various requirements that businesses must adhere to in order to reopen next week.

This advisory focuses on the specific rules for offices seeking to reopen on May 20 and should be applied in the context of other applicable federal laws, such as Occupational Safety and Health Administration rules on employee protection. Any office intending to reopen on May 20 must self-certify that it complies with sector rules prior to opening. According to the Connecticut online portal , the certification system came online on May Offices unable to certify compliance with sector rules should delay reopening until they are able to fully comply.

While adherence to the sector rules is critical to reopening, Lamont also notes that the rules are a minimum baseline of necessary precautions and businesses should take additional measures as may be indicated by industry guidance or common sense. Offices allowed to reopen on May 20 will be limited to 50 percent capacity.

Employees are still encouraged to work from home wherever possible, and those deciding or being asked to return to the office should be fully aware of the potential risks of returning. Employees over the age of 65 or with preexisting health conditions are strongly encouraged to remain at home. Businesses that are tenants should coordinate with building owners to ensure compliance with sector rules.

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