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Re: Attorney papers and confidentiality



There was some discussion on this topic on this list a few years back. At
that time the (DC?) Bar Association was considering a request from an
AHA/OHA (?) committee -- I am, unfortunately, relying on my obviously
failing memory -- to put a time limit of 50 years on attorney's files in
place of the "in perpetuity" expectation. I have not seen a resolution to
that request, I suspect it was tabled.

In any event, I strongly suggest that you discuss this with your campus
legal types. They would end up defending you in a lawsuit, if it came to
that. Note that different lawyers may interpret the specifics of each case
differently, so it is difficult to rely on general expressions as might be
offered here. Accordingly, you will want to document in writing the
resolution of the matter including the specifics of the legal advice you
receive.

   ---Terry

 -:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-
Terry Abraham   Special Collections U of Idaho
<http://www.lib.uidaho.edu/special-collections/>


On Fri, 28 Apr 2000, MacGregor, Douglas J. wrote:

> I would appreciate any help or advice on handling access to papers of cases
> of attorneys.  I am currently processing the papers of a local (Pittsburgh,
> PA) judge who was an attorney before taking a position on the  bench.  The
> papers include about two hundred cases ranging from personal injury to
> defending communists and date between 1924-1937.  I was wondering if anyone
> could direct me to sources regarding the confidentiality of the case
> material between client and attorney and if this material is confidential,
> how long does it maintain this status?  Any suggestions or how other
> institutions handled similar situations will be appreciated.
>
> Doug MacGregor
> Assistant Archivist
> Historical Society of Western Pennsylvania
> djmacgregor@hswp.org
>
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Or to do *anything* (and enjoy doing it!), use the web interface at
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Problems?  Send e-mail to Robert F Schmidt <rschmidt@lib.muohio.edu>