The Gazette 1992

GAZETTE

JANUARY/FEBRUARY 1992

( 2 ) prohibits the recipient from reading, disseminating, copy- ing or d i s t r i bu t i ng the information unless the reci- pient is the intended recipient, or the agent or employee of the intended recipient, who is responsible for delivering the message to the intended recipient. ( 3) requests the recipient to notify immediately the sender of the document that it was trans- mitted in error and ( 4 ) requests the recipient to immediately return all originals wh i ch were t r ansmi t t ed erroneously. Keeping Client Files Lawyers often ask " how long do we need to keep our clients' files"? Some recommend that all files be kept for a minimum of ten years before they are destroyed. Each file

was no suggestion of anything which might tend to rebut that presumption. Those three all watched scenes from Hillsborough on television, but none of those depicted suffering of recognisable individuals, such being excluded by the broadcasting code of ethics, a position known to the defendant. Lord Keith stated that the viewing of those scenes could not be equated with the viewer being within sight or hearing of the event or of its immediate aftermath, to use the words of Lord Wilberforce, nor could the scenes reasonably be regarded as giving rise to shock, in the sense of a sudden assault on the nervous system. They were capable of giving rise to anxiety for the safety of relatives known or believed to be present in the area affected by the crush, and undoubtedly did so, but Lord Keith said that was very different from seeing the fate of the relative or his condition shortly after the event. The viewing of the television scenes did not create the necessary degree of proximity. Lord Ackner, Lord Oliver and Lord Jauncey delivered concurr- ing opinions and Lord Lowry agreed. The advent of electronic trans- mission of information has enabled us to communicate expediently and efficiently. Unfortunately, occasion- ally speedy replies are accidently sent to the wrong person or party. In response to this possibility, many lawyers include a disclaimer on each electronic document transmission. The disclaimer (1) states that the communication may con t a in con f i den t i al information which is intended only for the individual or entity named on the cover sheet. Facts Faxed Too Fast

should be reviewed to determine if the file should be kept longer. Files should be kept more than ten years if (1) the case involves a minor who is still a minor at the end of the ten years; (2) the file contains estate planning information of a client who is still alive ten years after the work is performed; (3) the file pertains to a contract or other agreement which is still being paid off at the end of ten years; or (4) the file includes a judgment which needs to be renewed. The above notes entitled "Facts Faxed Too Fast" and "Keeping Client Files" were published in the Newsletter of the Oregon State Bar Professional Liability Fund for May 1991 and August 1991 respectively. Lawbrief is grateful to James J Ivers, Executive Director of the Solicitors' Mutual Defence Fund Ltd., in drawing the matters to our attention, and to the Newsletter for kind permission to reproduce. •

Eamonn G Hall

Annual Review of Irish Law 1990 RAYMOND BYRNE & WILLIAM BINCHY The Annual Review of Irish Law in a single volume each year provides the essential conspectus of cur- rent developments in our law. No practitioner should be without it' The Hon. Mr Justice Brian Walsh. The Annual Review provides a rich analysis on a wide spectrum of law and should be a treasured part of every lawyer's library' Eamonn Hall, Solicitor. This is a comprehensive review of exceptional quality which is well written. This book, together with its predecessors, is an invluable vademecum for all modern practitioners' Gerard Hogan, Barrister-at- Law. ISBN 0791-1084 £65.00 (Volumes for the years 1987 through 1989, each £65.00). THE ROUND HALL PRESS Kill Lane, Blackrock, Co. Dublin, Ireland Tel: (01) 2892922; Fax: (01) 2893072

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