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Closed File Archive and Destruction Notice: Sample LOMAS Administrative Form

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SAMPLE

LOMAS Administrative Form


Form No.08001, page 2 of 2

CLOSED FILE ARCHIVE AND DESTRUCTION NOTICE

[Date]

[Client Name]
Street
City State Zip

Dear [Client Name]:

Thank you again for the opportunity to represent you in the [X] matter. Our records
indicate this representation is concluded and we have not provided you any representation
in the matter within the last six months. I am writing to inform you that the firm is now
in the process of moving the closed case file, for your matter of [XX v. XX], into archival
storage.

The file may include copies of records you want or need, such as documents we created
for you. Please let us know within thirty (30) days of this letter’s date whether you would
like to obtain a copy of this file, by returning the attached form to us in the enclosed self-
addressed envelope. The cost of copying will be billed to you at [xx] cents per page.

At the completion of the 30-day period, the file will be moved into off-site archival
storage, and will then be subject to destruction according to the firm’s record retention
policy, without further notice to you.

I wish to thank you for your confidence in our firm and I look forward to speaking with
you again. Thank you.

Sincerely,

[Name of Firm]
By: [Name of Lawyer]

________________________________________
Signature

encl as
Enclosure One (To be Returned by the Client)
SAMPLE
LOMAS Administrative Form
Form No.08001, page 2 of 2

INSTRUCTIONS TO [NAME OF THE FIRM]


RE: CLOSED FILE [CLIENT MATTER NAME]

FROM:

_______________________________________________________________
CLIENT NAME

_______________________________________________________________
ADDRESS

_______________________________________________________________
ADDRESS

_______________________________________________________________
ADDRESS

Please copy and send me the appropriate portions of the referenced case file. I authorize
you to bill me for the copying costs at a rate of [xx] cents per page.

I understand that the case file is the property of the law firm in accordance with the ruling
by the Fifth District Court of Appeal in Dowda & Fields, P.A. v. Cobb,
452 So. 2d 1140 (Fla. 5th DCA 1984)1.

Thank you,

________________________________________
Client Signature

________________________________________
Date

1) The Court noted, “[F]iles prepared and maintained by attorneys on their clients’
cases are commonly referenced by a particular client’s name. In reality, however,
such referral simply means that the file relates to a particular client; the file and
its contents are the personal property of the attorney. Id. at 1142. The court
reached this conclusion based on the fact that the attorney’s file may or may not
contain documents or other property of the client. Importantly, the court noted
SAMPLE
LOMAS Administrative Form
Form No.08001, page 2 of 2

that, while the attorney may have an ethical duty to communicate information to
successor counsel, only actual property of the client must be returned.”

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