Client Data & Documents: Retention & Release Policies

Data and Document Retention Policy

Ampersand Law retains client data and documents ("RCDD") as digital files for six years after the client matter is complete/closed. After six years, Ampersand Law retains the right to destroy RCDD  without notice to the client. This policy follows the North Carolina Rules of Professional Conduct & Ethics for Attorneys (Rule 2.8(a)(1), RPC 209, and RPC 234).

The RCDD is limited to necessary client information, final drafts of estate plan documents, and court filings/other documents for estate/trust administration matters, all stored in/as digital files only. Necessary client information provided on paper is scanned and saved as an electronic document/file.

For estate planning matters, the RCDD does not contain copies of finalized (signed, witnessed, and notarized) documents. The clients have the original and only finalized documents.

Data and Document RELEASE Policy

Ampersand Law only releases copies of RCDD upon receiving one of the following:

  1. The client completes the Retained Client Data & Document – Release Form. This form must be either mailed to PO Box 61182, Durham NC 27715 (original signed form) or electronically signed via Clio (email attachments are not accepted). There is no cost for the release of digital files. For paper copies of RCDD, a $20.00 fee applies for printing & postage costs for the first 100 pages. Additional fees may apply for RCDD released exceeding 100 pages. Payment (if required) is due before the RCDD is released; or

  2. The client's designated Guardian, Executor, or Trustee (or another appropriately designated individual/entity), completes the Retained Client Data & Document – Request Form and provides sufficient proof of the client's incapacity or death and verification of the requesting party's identity. This form must be either mailed to PO Box 61182, Durham NC 27715 (original signed form) or electronically signed via Clio (email attachments are not accepted). There is no cost for the release of digital files. For paper copies of RCDD, a $20.00 fee applies for printing & postage costs for the first 100 pages. Additional fees may apply for RCDD released exceeding 100 pages. RCDD is only released after receipt of proof of the reason for the request, proof of identity of the requesting party, and payment (if required).

The Release and Request forms are available upon request by emailing hello@ampersand-law.com.