File Retention Policy
Dear Current & Prospective Clients,
The purpose of this retention policy is to establish guidelines for the management, retention, and disposal of records and documents at Montanez Law Firm. This policy aims to ensure compliance with legal and regulatory requirements, protect client confidentiality, and promote efficient record management. This policy applies to all records and information generated, received, and maintained by Montanez Law Firm in the course of its operations. It encompasses both physical and electronic records and covers all departments and employees.
- Document Categories and Retention Periods.
- Client Files.
- Active Client Files: Retain for a minimum of six (6) years after the matter has closed or the termination of representation.
- Inactive Client Files: Retain for a minimum of six (6) years after the matter has closed or the termination of representation.
- Litigation Case Files: Retain for a minimum of six (6) years after the matter has closed or the termination of representation.
- Certain types of client files may have longer retention periods based on specific legal requirements or client agreements.
- Active Client Files: Retain for a minimum of six (6) years after the matter has closed or the termination of representation.
- Client Files.
- Financial Records.
- Accounts Payable and Receivable: Retain for a minimum of seven (7) years after the end of the fiscal year to which they pertain.
- Tax Records: Retain for a minimum of four (4) years as required by tax laws.
- Payroll Records: Retain for a minimum of three (3) years as required by labor laws.
- Accounts Payable and Receivable: Retain for a minimum of seven (7) years after the end of the fiscal year to which they pertain.
- Human Resources (HR) Documents.
- Employment Contracts: Retain for the duration of employment plus three (3) years.
- Personnel Files: Retain for a minimum of three (3) years after termination of employment.
- Benefit Records: Retain for a minimum of three (3) years.
- Employment Contracts: Retain for the duration of employment plus three (3) years.
- Corporate Governance Documents.
- Corporate/Business Meeting Minutes: Retain permanently and indefinitely.
- Articles of Incorporation, Bylaws and other legal documents: Retain permanently and indefinitely.
- Marketing and Business Development Records: Retain for a minimum of two (2) years from the date of creation.
- Corporate/Business Meeting Minutes: Retain permanently and indefinitely.
- General Administrative Documents.
- General Correspondences: Retain for a minimum of two (2) years.
- Internal Memoranda: Retain for a minimum of two (2) years.
- Miscellaneous Records: Retain for a minimum of two (2) years.
- General Correspondences: Retain for a minimum of two (2) years.
- Destruction of Documents.
- Secure Disposal and Destruction: All documents eligible for disposal shall be securely destroyed in a manner that ensures confidentiality and by using approved methods such as shredding, incineration, or secure digital erasure.
- Destruction Authorization: Destruction of documents shall be carried out by authorized personnel following the firm’s documented procedures.
- Document Archiving: Documents that are no longer actively used but must be retained for an extended period shall be securely archived in a designated storage depository, determined by Montanez Law Firm.
- Secure Disposal and Destruction: All documents eligible for disposal shall be securely destroyed in a manner that ensures confidentiality and by using approved methods such as shredding, incineration, or secure digital erasure.
- Data Privacy and Security.
- Client and Employee Information: All records and documents containing sensitive client and employee information shall be securely stored and access restricted to authorized personnel only. The firm shall maintain appropriate measures to protect against unauthorized access, data breaches, and cybersecurity threats by using secure encryption, password protection, and restricted access.
- Client and Employee Information: All records and documents containing sensitive client and employee information shall be securely stored and access restricted to authorized personnel only. The firm shall maintain appropriate measures to protect against unauthorized access, data breaches, and cybersecurity threats by using secure encryption, password protection, and restricted access.
- Legal and Regulatory Compliance.
- Ongoing Monitoring: Montanez Law Firm will regularly review and update this retention policy to ensure compliance with relevant laws, regulations, and industry standards. At all times, this retention policy shall comply with all relevant laws, regulations, and industry standards concerning data retention, privacy, and document management.
- Ongoing Monitoring: Montanez Law Firm will regularly review and update this retention policy to ensure compliance with relevant laws, regulations, and industry standards. At all times, this retention policy shall comply with all relevant laws, regulations, and industry standards concerning data retention, privacy, and document management.
- Responsibilities.
- Record Management: Attorney Felix G. Montanez and the Records Management Department shall be responsible for overseeing the implementation of this retention policy, ensuring compliance, and conducting periodic reviews.
- Regular Review: This retention policy shall be reviewed and updated annually or as necessary to reflect changes in legal requirements or the firm’s operational needs.
- Record Management: Attorney Felix G. Montanez and the Records Management Department shall be responsible for overseeing the implementation of this retention policy, ensuring compliance, and conducting periodic reviews.
- Exceptional Circumstances.
- Legal Hold: If Montanez Law Firm becomes aware of any ongoing or potential legal or regulatory action, all relevant documents subject to the action must be preserved and not destroyed until the legal hold is lifted.
- Ongoing Litigation: In cases of ongoing litigation, government investigations, or other exceptional circumstances, the retention period may be extended until the matter is fully resolved.
- Legal Hold: If Montanez Law Firm becomes aware of any ongoing or potential legal or regulatory action, all relevant documents subject to the action must be preserved and not destroyed until the legal hold is lifted.
This policy shall be communicated to all Montanez Law Firm employees, clients and relevant stakeholders. Necessary training shall be provided to all employees to ensure understanding and compliance.
Date of policy implementation: August 1, 2023
__/s/ Felix G. Montanez, Esq.___
Felix G. Montanez, Esq., LLM
Managing Attorney