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SCACR 417 rule-417-rule-3

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Rule rule-417-rule-3 Availability of Records

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Rule Text

RULE 3

AVAILABILITY OF RECORDS

Records required by Rule 1 may be maintained by electronic, photographic, or other media provided that they otherwise comply with these Rules and that printed copies can be produced. These records shall be readily accessible to the lawyer.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Lawyers who keep financial records for their law practice don't have to use paper files. They can store records electronically, on photographs, or through other media instead. The only requirements are that these digital or alternative formats still follow all the other recordkeeping rules, and that the lawyer can print out copies when needed.

The rule also says lawyers must be able to get to these records easily. This means a lawyer can't store financial records somewhere so hard to reach or so disorganized that they can't pull them up quickly if asked. The point is to give lawyers flexibility in how they keep records, as long as the records stay usable and accessible when someone needs to see them, like during a bar audit or investigation.

Committee Notes

Comment:

Rule 3 allows the use of alternative media for the maintenance of client trust account records if printed copies of necessary reports can be produced. If trust records are computerized, a system of regular and frequent (preferably daily) backup procedures is essential. If a lawyer uses third-party electronic or internet based file storage, the lawyer must make reasonable efforts to ensure that the company has in place, or will establish reasonable procedures to protect the confidentiality of client information. See ABA Formal Ethics Opinion 398 (1995). Records required by Rule 1 shall be readily accessible and shall be readily available to be produced upon request of a client or third person who has an interest as provided in Rule 1.15 of the South Carolina Rules of Professional Conduct, or upon official request of a disciplinary authority, including but not limited to, a subpoena duces tecum. Personally identifying information in records produced upon request of a client, third person, or disciplinary authority shall remain confidential and shall be disclosed only in a manner to ensure client confidentiality as otherwise required by law or court rule.

← Previous Rule 2: Client Trust Account Safeguards Next → Rule 4: Dissolution of Law Firm or Sale of Law Practice