September 16, 2011
Filthy Files May Be Destroyed
An order from the South Carolina Supreme Court deals with an issue I had not given much thought:
On several occasions, an attorney appointed to protect the interests of another lawyer's clients...has notified the Court that the lawyer's client files are not maintained in a sanitary and safe condition. In some cases, the attorney to protect has advised the Court that the lawyer's client files are moldy and/or infested with rodents and insects. As a consequence, the attorney to protect clients' interests is hesitant to inventory the lawyer's client files, to remove original documents from the client files, and to relinquish control of the files to the lawyer's clients upon client request.
In such circumstances, on a proper showing such as through photographs, the court may order the destruction of the files. (Mike Frisch)
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