You’ve just been through some very intense contract negotiations for a new client and now that things are wrapping up, this client thought the time was right to let you know that once your work is complete, you are to turn over everything in your file. In short, you’ve just been informed you are not to retain anything relating to this matter. As a risk guy, I now have serious concerns. If you comply, how in the world could you defend yourself in a subsequent malpractice claim? Remember, the client will have complete control of the file. Admittedly, this kind of situation doesn’t happen often; but it does happen. So, let’s talk about your options if you ever find yourself in a similar pickle.
Written by Mark Bassingthwaighte