Destroying a file too soon or keeping it indefinitely: both extremes create problems. One is deontological, the other regulatory — and both can cost a Quebec firm dearly.
Keeping a file too long exposes personal information unnecessarily. Destroying it too soon compromises professional secrecy and accounting obligations. A firm must calibrate timelines to Barreau regulations and Bill 25.
Retention periods
The Regulation respecting accounting and trust accounts of lawyers sets minimum durations for certain accounting documents and files. The Code of ethics requires keeping files for the time necessary to properly administer the practice.
In practice, most firms retain closed litigation files for at least six to ten years, depending on mandate nature.
The exact period depends on document type — not a single rule for the entire file.
Secure destruction
- Paper: shredding or incineration by a certified subcontractor.
- Digital: irreversible deletion, not just the recycle bin.
- Media: disks, USB keys and backups must be wiped or physically destroyed.
- Log: record the date and method of destruction.
« Secure destruction must leave a documented trail, not just a vanished file. »
Bill 25 and minimization
Bill 25 requires keeping personal information only as long as necessary for collection purposes. After the period expires, destruction or anonymization is required.
The incident register must document any breach during improperly executed destruction.
Professional secrecy after destruction
Even after destruction, the confidentiality obligation persists for what the lawyer learned in the mandate. Destroying the physical or digital medium does not release the secret — it reduces the risk of accidental disclosure.
Destroying the file does not destroy the confidentiality obligation.