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  1. #1
    Join Date
    Jan 2019
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    Default How Long Are Lawyers Required to Hold Onto Case Records and Files

    My question involves malpractice in the state of: Georgia

    And is there a statute of limitations for filing ethics complaints?

  2. #2

    Default Re: How Long Are Lawyers Required to Hold Onto Case Records/Files

    No, but the older it is, if it is the only complaint against the attorney, the less likely it will be vigorously pursued.

  3. #3
    Join Date
    Oct 2014
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    Default Re: How Long Are Lawyers Required to Hold Onto Case Records/Files

    Quote Quoting Moebius
    View Post
    My question involves malpractice in the state of: Georgia

    And is there a statute of limitations for filing ethics complaints?
    As for the question in your subject line, the answer is that there is no set requirement in Georgia for how long a lawyer must keep client records other than the records for the lawyer's trust (bank) account records. The Georgia State Bar, which the state agency that licenses and disciplines lawyers explains it on it's FAQ page for lawyers as follows:

    The ethics rules don't require a lawyer to keep closed files for any particular length of time. The exception is trust account records. Rule 1.15(I) does require that a lawyer keep trust account records for at least six years after the case is over. There is a four year statute of limitations for disciplinary investigations; Rule 4-222 provides that the statute may be tolled up to two years in certain situations. You should also take into account potential malpractice claims and other law when making a decision to destroy a file.

    Regarding your second question, there is no statute of limitations for filing a complaint with the State Bar. However, the longer you wait the less likely it is that the state will be able to act to discipline the lawyer over it. Much depends on what the alleged violations are and what evidence you have of it.

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