IN RE AMENDMENT TO RULE 1.19-ARKANSAS RULES OF PROFESSIONAL CONDUCT
PER
CURIAM
On
December 15, 2016, we adopted Rule 1.19 of the Arkansas Rules
of Professional Conduct, which addresses issues related to
the maintenance of a client's file and rights and
obligations to materials contained in the file. In re
Rule 1.19-Arkansas Rules of Prof'l Conduct, 2016
Ark. 468 (per curiam). The new rule became effective on
January 1, 2017. We now adopt minor changes to this rule to
ensure that the language in Rule 1.19(b)(3) regarding the
notice that must be provided to the client is consistent with
subsection (b)(2). The revised rule is published below, with
the changes set forth in "line-in, line-out"
fashion (new material is underlined; deleted material is
lined through).
Arkansas
Rules of Professional Conduct
Rule
1.19. Client Files - Definition, Retention &
Destruction.
(a)
Client file - Definition and duty to provide copies of
client-file documents to the client.
The use
of the term "client" refers to both current and
former clients.
(1) For
purposes of these rules, the client file shall consist of any
writings or property provided by the client to the lawyer and
any documents, in paper or electronic format, that are the
product of the lawyer's representation, including
pleadings, correspondence, and other documents prepared or
received by the lawyer in furtherance of the representation.
Documents that have not been filed with a tribunal, delivered
or served, or other documents drafted but unexecuted or
undelivered that the client has explicitly paid for the
drafting, creation, or obtaining thereof, including such
items as transcripts, depositions, medical records, and
reports of experts, shall be provided to the client as part
of the file.
(2) The
following records are not included in the client file, even
if they are maintained by the lawyer in association with the
representation and the client file, and such records are not
ones to which the client is entitled to review or receive a
copy:
(A) The
lawyer's work product, which includes the documents the
lawyer used to reach an end product of the lawyer's
representation, the lawyer's notes, and preliminary
drafts of pleadings and legal instruments;
(B)
Internal memoranda prepared by or for the lawyer;
(C)
Legal research materials prepared by or for the lawyer and
factual research materials, including investigative reports
prepared by or for the lawyer for use in the representation,
unless the material has been specifically paid for by the
client or procured by the lawyer for the client's use;
(D)
Documents such as internal conflict checks, firm assignments,
notes regarding any ethics consultation, or records that
might reveal the confidences of other clients.
(E)
Items not included in the list of excluded items shall be
considered to be part of the client file to which the client
is entitled.
(3)
Upon the client's written request in any format, the
lawyer shall surrender the client's original file or a
copy of the file, in paper or electronic format, to the
client. Upon written authorization of the client, the lawyer
shall surrender such file to the client's new lawyer. The
lawyer may deliver a statement for costs ...