Free compliance check
Client File Retention Requirements by State for Lawyers | Validator
Check whether your firm's closed file and trust record retention practices meet the rules in your state.
State bars set the minimum period a law firm must retain closed client files, trust account records, and related matter documents. Miss the mark and you risk discipline, malpractice exposure, and evidence problems if a former client resurfaces years later.
This validator surfaces the core file retention rules for the state you practice in, drawn from state bar ethics opinions, rules of professional conduct, and trust accounting regulations. Pick your state and confirm your firm's policy meets each rule.
Use this as a starting checklist, not legal advice. Rules change and your jurisdiction may have matter-specific carve-outs for criminal, immigration, estate, and minor client files.
Why use itBuilt for the way law firms actually work
State-specific rules
Rules drawn from actual state bar ethics opinions and rules of professional conduct, not generic averages.
Trust record coverage
Covers IOLTA and trust accounting retention windows alongside general client file requirements.
Required vs recommended
Each rule is flagged as mandatory or best practice so you know where compliance is non-negotiable.
Instant results
Pick your state, check the boxes, and see your compliance gap in seconds.
100% free
No paywall, no trial, no license required to review or use the checklist.
No signup required
Run the validator without creating an account or handing over firm data.
ProcessHow it works
- 01 Select your state
Choose the jurisdiction where your firm is licensed and where the client files are maintained.
- 02 Review each rule
Read the retention rule and its underlying source in the description text before answering.
- 03 Check the boxes you meet
Mark each rule your current firm policy and practice actually satisfy today, not aspirationally.
- 04 Read your compliance gap
The result shows how many required rules remain and where to focus your next policy update.
CoverageWhat's included
- Minimum closed file retention periods
- Trust account and IOLTA record retention windows
- Client notice and file return obligations
- Original document preservation duties
- Confidential destruction requirements
- Written retention policy best practices
- Special rules for minors and fiduciary matters
ContextWhy this matters
File retention is one of the quietest sources of bar discipline. State bars audit trust accounts, and when they do, the first request is usually for records going back the full retention period. Firms that toss files too early can face sanctions, and firms that keep everything forever create confidentiality and storage liability.
The ABA's Model Rule 1.15 sets a floor of five years for trust records, but many states go further. New York, Illinois, and Ohio require seven years. Florida requires six. Some states also require preservation of original wills and deeds indefinitely, and impose special rules for files involving minor clients or ongoing fiduciary duties.
Malpractice carriers increasingly ask about written retention and destruction policies during renewal. A documented policy that matches your state's rules is one of the cheapest risk controls a firm can implement, and it protects the client's confidences long after the matter closes.
Q&AFrequently asked
- It depends on the state. Most jurisdictions require at least five to seven years after the representation ends, matching the trust account record retention period. Some file types, like original wills, must be preserved indefinitely.
- Yes. The validator is free to use, requires no account, and does not store the answers you enter. It is intended as an educational compliance check.
- Solo practitioners, small firm managing partners, office managers, and compliance staff who need a quick check of their closed file and trust record retention practices against state bar rules.
- An IOLTA checklist focuses on how trust funds are handled while an account is active. This validator focuses on how long records and files must be preserved after a matter closes.
- Run it when you draft or update a written file retention policy, when you switch practice management or document storage systems, and during annual malpractice insurance renewal.
- No. This tool summarizes publicly available state bar rules and ethics guidance and does not constitute legal advice. Confirm current rules with your state bar or ethics counsel before relying on any policy.
- Draft or update a written retention and destruction policy, extend storage contracts if needed, and train staff on client notice and secure destruction procedures. Document the fix so you can show it in a bar audit.
- Destroying trust records before the state's window closes, failing to return original documents, treating email and cloud folders as outside the file, and not notifying former clients before disposal.