Client Service – Alternatives to Keeping Original Documents
Returning original documents to clients is now the best practice in law firms. However, when a family member contacts the firm and says, “do you know where my mom’s will is?” or a small business asks “do you have my articles of incorporation” most firms want to be helpful, but the matter is literally out of their hands. There are many services that a firm can suggest to clients that store important digital assets and record the location of original documents for succession and estate planning.
For many years law firms functioned as document repositories, holding original documents on paper for clients indefinitely. However, there is a certain amount of complexity involved, especially if the firm closes, sells, or the attorney unexpectedly passes away. The firm or its successors become responsible for finding the client and returning the original documents. Sometimes the client cannot be found or has passed away and the firm, after making a good faith effort to return the documents, must give the original will/trust/deed/POA or other document to the clerk of court (see Rock, Paper, Scissors: Shredding Options for Old Files for ethics opinions related to file retention and destruction). Most law firms now return original client files to the client at the end of representation and keep an electronic copy. Firms can advise clients on best practices for storage and handling of original documents as a client service.
No matter what option a client chooses for keeping original documents, the client should make plans to let family members or executor, and the law firm, know where originals will be stored. For safe keeping of an original signed document a firm can advise clients on the options.
Storing Original Paper Documents
- Safety Deposit Box – While many people may consider storing original documents in a safety deposit box at a bank, clients should be aware of the bank’s policies and procedures for allowing access to the box to the executor or assign. Some banks require a court order, access is limited to bank hours, and there are fees for safe deposit boxes. Any updated documents will need to be stored in the safe deposit box as well.
- With the Executor – The executor may seem like a logical choice, but the client may choose a new executor, or the executor passes away. It is a big responsibility and burden on the executor in the best of circumstances.
- Probate Court – it may be difficult to access and update the documents. The documents will also become part of the public record.
- Fireproof, Waterproof Lockbox at home – A safe, locking file cabinet, or other storage container kept in a location in the home that is not prone to flooding may be a good possibility. Of course, the home may sell, and the box packed up and stored.
Discuss the pros and cons of each option with your clients, make note of their decision and put it in the client file.
Digital Vaults
In addition to keeping digital backup copies of original documents, clients will also want to compile information regarding digital assets – photos, videos, bank accounts, properties, insurance policies, passwords for social media accounts, and more. There are several purpose-built secure digital vaults on the market to consider.
Considerations for digital vaults include costs, the ability to share the account or have a secondary login, security, and the amount of storage space allotted.
Examples of these types of services include Everplans, LawSafe, FutureVault (for businesses) and more.
Another type of digital vault is a password manager. Password management applications include services like LastPass, Keeper, Dashlane, 1Password, and KeePass. For the purposes of a digital vault, the family plan or a plan that allows access in case of death (like LastPass) is important. Make sure that the password manager has capability for digital vaulting and storage of digital files (attachments) and notes.
Social Media and Online Accounts
Some social media platforms supply the option to memorialize an account after a user’s death. A user can appoint a legacy contact on Facebook. Google, and all the Google platforms including Gmail and YouTube, have an inactive account manager where the user can designate what happens after a period of inactivity. Apple has a legacy contact through the Apple ID. It is better for someone to control what happens to their online presence, as the family and executor will have other priorities.
Conclusion
If your firm does not keep original documents, consider advising clients on storage and safe-keeping options, as well as maintaining a way to provide digital access to essential information. The firm can keep digital copies as a service, and can continue to provide counsel to executors, successors, and assigns. For more information on options for passwords managers and social media accounts see the PC Magazine “How to Prepare Your Digital Life for Your Death” article.