SAMPLE LOMAS Administrative Form

Form No.08001, page 1 of 3

CLOSED FILE ARCHIVE AND DESTRUCTION NOTICE

[Date] [Client Name] Street City State Zip Dear [Client Name]: Thank you again for the opportunity to represent you in the [X] matter. Our records indicate this representation is concluded and we have not provided you any representation in the matter within the last six months. I am writing to inform you that the firm is now in the process of moving the closed case file, for your matter of [XX v. XX], into archival storage. The file may include copies of records you want or need, such as documents we created for you. Please let us know within thirty (30) days of this letters date whether you would like to obtain a copy of this file, by returning the attached form to us in the enclosed selfaddressed envelope. The cost of copying will be billed to you at [xx] cents per page. At the completion of the 30-day period, the file will be moved into off-site archival storage, and will then be subject to destruction according to the firms record retention policy, without further notice to you. I wish to thank you for your confidence in our firm and I look forward to speaking with you again. Thank you. Sincerely, [Name of Firm] By: [Name of Lawyer] ________________________________________ Signature encl as

SAMPLE LOMAS Administrative Form

Form No.08001, page 2 of 3 Enclosure One (To be Returned by the Client) INSTRUCTIONS TO [NAME OF THE FIRM] RE: CLOSED FILE [CLIENT MATTER NAME] FROM: _______________________________________________________________
CLIENT NAME

_______________________________________________________________
ADDRESS

_______________________________________________________________
ADDRESS

_______________________________________________________________
ADDRESS

Please copy and send me the appropriate portions of the referenced case file. I authorize you to bill me for the copying costs at a rate of [xx] cents per page. I understand that the case file is the property of the law firm in accordance with the ruling by the Fifth District Court of Appeal in Dowda & Fields, P.A. v. Cobb, 452 So. 2d 1140 (Fla. 5th DCA 1984)1. Thank you, ________________________________________ Client Signature ________________________________________ Date
1) The Court noted, [F]iles prepared and maintained by attorneys on their clients cases are commonly referenced by a particular clients name. In reality, however, such referral simply means that the file relates to a particular client; the file and its contents are the personal property of the attorney. Id. at 1142. The court reached this conclusion based on the fact that the attorneys file may or may not

SAMPLE LOMAS Administrative Form

Form No.08001, page 3 of 3
contain documents or other property of the client. Importantly, the court noted that, while the attorney may have an ethical duty to communicate information to successor counsel, only actual property of the client must be returned.