File Retention and Document Destruction Policy

Mirai Legal File Retention & Document Destruction Policy

Introduction

In 2024, the Queensland Government amended the Legal Profession Act 2007 (LPA) to insert provisions regarding destruction of client documents.

Under s 713A of the LPA (as amended), a law practice is now permitted to destroy client documents if:

it is at least 7 years since the completion of the relevant matter;
the law practice has made reasonable efforts to obtain client instructions authorising destruction; and
it is reasonable to destroy the documents in the circumstances.

Policy

We have adopted the following File Retention / Document Destruction Policy, which forms part of our Terms of Retainer:

File Retention / Document Destruction Policy
1. Retention and destruction of client documents
  1. Client documents will be retained until the exipry of 7 years after the conclusion of the relevant matter (Retention Period), after which they will be destroyed.
  2. Original paper documents (eg signed agreements, court documents) will be returned to you for your safekeeping at the conclusion of your matter, or otherwise when appropriate.
  3. Non-original paper documents (eg print-outs, photocopies) will be destroyed immediately after being scanned. Electronic copies of scanned documents will be retained for the applicable Retention Period.
  4. We may retain some documents for a longer period at our discretion, or where were are required to do so (eg if required by law, for tax, risk management or insurance purposes, or where considered necessary to meet our professional or ethical duties and obligations).
2. Requesting copies of your client documents
  1. Should you wish to obtain a copy of your client documents, you may contact us to request them at any time during the Retention Period.
  2. Eligible client documents will be made available via an online download link only, unless we agree to provide them via other means.
  3. We reserve the right to charge for any costs incurred for the provision of eligible client documents via other means (eg costs for provision of documents via post or courier, paper copies, CDs, DVDs, USB drives, HDD drives, or other physical storage media).
  4. Provision of client documents may be subject to verification of identity requirements.