In re Rule 1.19—Arkansas Rules of Professional Conduct

Summary

The Supreme Court of Arkansas adopted Arkansas Rule of Professional Conduct 1.19, governing the definition, delivery, retention, and destruction of client files. The rule establishes what materials belong to the client file, identifies excluded lawyer work product and internal records, addresses copying and delivery costs, and requires specified retention periods, including extended retention for certain criminal matters.

Holdings

1. The Supreme Court of Arkansas adopted Arkansas Rule of Professional Conduct 1.19, governing client-file definition, client access, retention, and destruction, with minor changes from the proposed rule, effective January 1, 2017.
2. The client file includes writings or property provided by the client and documents produced by the lawyer's representation, including pleadings, correspondence, and other documents prepared or received in furtherance of the representation; specified lawyer work product, internal memoranda, certain research materials, and records implicating other clients' confidences are excluded.
3. Upon the client's written request, a lawyer must surrender the original client file or a copy in paper or electronic format, may charge permitted copying and delivery costs, but may not withhold delivery of the file pending payment.
4. A lawyer must take reasonable steps to maintain a client file for five years after the conclusion of the representation and may destroy the file after that period, subject to notice requirements and longer retention obligations imposed by law, court order, tribunal rules, or the special rule for certain criminal convictions.

Questions Presented

1. Whether the Supreme Court of Arkansas should adopt a rule governing the definition, production, retention, and destruction of client files.
2. What materials constitute a client file, what materials are excluded as lawyer work product or otherwise protected records, and what duties lawyers have concerning delivery, costs, retention, and destruction of client files.

Disposition

approved