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Rock, Paper, Scissors: Shredding Options for Old Files

Whether you are preparing for retirement, already retired, or just cleaning up old files that have long passed the retention period you probably have some documents that need shredding. What are the ethical requirements and the practical realities of shredding old legal documents? Read on!

Keep, Toss, or Shred?

In a private law firm records include, but are not limited to, client files and business files. Generally, there are three authorities on what to keep and for how long. For client files check with the NC State Bar and your malpractice insurance provider. Your business records guidance tends to come from the IRS. Also talk to your CPA. You may have other types of records that have longer, or different retention periods so review files before you dispose of them. Best practice is to return files to the client at the close of a matter, including original documents (wills, deeds, etc.). Keep a file retention and destruction schedule and follow it.  Here are some useful articles for more details:

Here is the basic information on file retention from Suzanne Lever at the NC State Bar:

“The ethics opinions require lawyers to keep files for 6 years unless there is a limitations period requiring you to keep the file for a longer time period.  The file may be destroyed prior to that time period if the client consents. Original documents may not be destroyed if they have legal significance as original records.  For example, originals of wills, powers of attorney, etc. may not be destroyed. They must be returned to the client or turned over to the court. Lawyers are encouraged to return original documents of legal significance to the client at the end of the representation. “

Relevant Rules of Professional Conduct

Here are some applicable NC State Bar Rules of Professional Conduct and Ethics Opinions. Keep in mind that if you represent people in other states or have a multi-state practice you will need to check with the licensing/disciplinary authority in those states.

Shredding Options for Closed Client Files

If you have triple checked applicable rules, reviewed the files, and determined that you can destroy the paper files you have several options to consider for shredding records. Depending on the sensitivity of the information and requirements to take reasonable efforts to prevent access or disclosure (see Comment 19 to NC RPC 1.6 Confidentiality of Information), plus considering applicable state and federal laws governing data privacy, you may want to be witness to the file shredding and/or require cross-cut shredding.

Drop Off

You can take your paper to many Ace Hardware locations (and other retailers) in NC and, up to 100 lbs of paper for .75 center per pound, leave it in a locked box and a shred truck comes by and shreds it onsite. Services offered through Shred Ace, which offers a variety of options.

You can also take your paper to most any UPS store that partners with ShredNation and drop it off and they come shred it (same as the above scenario with Ace). ShredNation has a lot of options (commercial, residential), you can use their online calculator or fill in the form on their website to get a free quote.

You can drop off paper at the shredding facility at ProShred in Cary, Jacksonville, New Bern, or Raleigh. From their website: “With a drop-off paper shredding service, you are able to choose what day and time your shredding takes place, and you can fit your service easily into your schedule. Simply bring your documents to our facility at a time that’s best for you! If you wish to watch, you will be able to witness the shredding take place through the security camera included on the truck.”

One Time “Purge” Shredding Service

Shred Ace will also come to your house (Raleigh, Greensboro, Charlotte areas), get your paper, take it to the truck parked outside and shred it in front of you.

ProShred is a similar service out of Raleigh that will come to your home or office.

DIY (Do It Yourself)
Office Supply Store Services

You can take your paper to Staples (40 stores in NC) and shred it yourself for .99 cents a pound. Call ahead for availability and hours. Check with other local businesses for onsite DIY shredding.

County Services

Check with your county. For instance, in Orange County there is the Shred Center (with a lot of rules):

“Free service available to Orange County residents, Orange County small businesses, Orange County Departments, all Town of Chapel Hill, Town of Carrboro, and Town of Hillsborough employees, as well as Town departments.

Up to 2 boxes (business size) of CONFIDENTIAL documents to be shredded on-site that day. All users will be limited to 2 boxes of confidential papers per appointment. Boxes may not be larger than 15 x 12x 10 (legal or banker box sized). Material MUST be brought in box(es) that meet these specifications or material will be turned away.  Drop-off will take place outside, but we require that visitors wear masks if they are unable to socially distance themselves.  Visitors WILL NOT be allowed to watch their documents being shredded.

No newspaper, magazines, or catalogs. No plastic or metal binders or electronic media. No binder clips, paper clips, or large staples.

The Shred Center is by APPOINTMENT ONLY. Appointments are available on Tuesday, Wednesdays, and Thursdays from 8am-2pm. To schedule an appointment please call 919-968-2788 or send an email to [email protected]. “

ShredaThons

Check with your county and city services and the mayor’s office. You can drive your paper over (there are usually some restrictions on the amount) and watch as they dump it in mobile shredding truck. Here is calendar of Events from the NC Department of Justice. The website states that most shredding events occur in April, May, September, and October.

Buy a Shredder

You could buy a good small office shredder and as you go through the documents shred them and put them in your recycling bin. You can get them at Office Depot, Staples, Walmart, etc. A small office shredder that can handle staples and paper clips (nothing and no one can shred binder clips) will run about $400-700. Depending on how long you will be going through your files and how much you have, this might be the best option, so you don’t have to go to a facility or pay to have someone come to you. Here are some examples from Office Depot (NC Bar members get discounts with Office Depot): Shredders – Office Depot. Of these this seems like a good deal: Fellowes Powershred Cross Cut Shredder – Office Depot

Conclusion

It is better to not have the paper pile up, but after you have reviewed the applicable rules and retention requirements, you have many options to get rid of the paper in a secure manner.