Legal Question in Legal Ethics in Mississippi

Files

My father passed away in 1996. He was an attorney in Ms. for 30 years. At the time of his passing our family closed down his practice and ran a notice in the local paper saying if anyone who did business with my father wanted to get their files, to do so within two weeks of the closing which was 10-96. My question is we still have quiet a bit of files no one has claimed from the 1970's on. Is it legal to destroy these files? most are copies of land deeds and are cluttering up our basement. Thank You.


Asked on 5/22/99, 12:16 am

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Re: Files

You should definitely notify the state bar, which should take custody of the client files. You should avoid looking at them beyond determining that they appear to be client property. Same with any trust account money that may belong to clients. I don't practice in MS, but here in VA the bar would have a receiver appointed to handle the winding up of the practice in a manner consistent with the best interests of the clients. I'm surprised they haven't done so already.

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Answered on 5/28/99, 9:00 pm


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