A retention policy specifies retention periods by record category and provides for defensible disposal at the end of the period. It covers client files, business records, email, and system data.
Legal holds override the policy, suspending deletion for material relevant to anticipated or pending litigation.
Alternative Names:
Retention Policy, Records Retention Schedule
Why it Matters?
Retention is a genuine risk tradeoff. Data kept beyond its useful life expands breach exposure and discovery cost, while premature deletion creates spoliation risk and can breach professional obligations to preserve client files. The failure mode that produces sanctions is not having a short retention period but failing to suspend it when a hold attaches, since automated deletion continues silently.
Frequently Confused with
Related terms
Frequently asked questions
Does a retention policy protect against spoliation claims?
How long must a law firm keep client files?
