File Management (continued)

Closing a File

You should implement a formal file closing policy and ensure that it is properly documented in your procedures manual.  The file closing policy should at least include the following steps:
  • Ensure that the lawyer responsible for the file reviews the file to ensure that there are no outstanding matters.  The lawyer should ensure that undertakings have been taken care of, for example. If there are any outstanding matters, the file will not be closed. If no matters remain, the responsible lawyer will sign-off that the file has been reviewed so that it can be closed.
  • Determine which documents are to be returned to the client and document that they have been returned.  It is good practice to ask the client to acknowledge receipt of the returned items and documents.
  • Provide the client with a final bill and verify that the bill and all disbursements have been paid.
  • Make sure all the proper storage and retention dates are entered in the file and in your file storage system.
  • Strip the file on closing. When it comes time to do this, review the suggestions in the Law Society of Ontario’s “Practice Management Guidelines: File Management”. These resources provide good tips on how to strip a file on closing, what material should go to the client, what material should be destroyed, and what material should be retained.
  • Send a letter to the client to inform him or her that the file is being closed.
  • Assign a closed file number to the file and ensure that it is stored with other closed files in an area separate from your open files.