Cleaning Out Case Files for Litigation Firms
Does your firm have a retention policy? “Keep everything forever” maybe? Even worse – does your firm have a retention policy they are not actually following?
CGP has worked with many firms on building and enforcing a retention policy, with varying levels of success. Realistically, many attorneys cannot be swayed. It is common to find case files going back to the 1980s (or much earlier) that attorneys will admit do not need to be retained.
What can a firm admin do when caught between attorney demands and spiraling storage issues?
For most firms, the biggest part of case data consists of depositions and discovery data. This provides an excellent starting point for cleanup since most attorneys are interested in the various filings, settlements, and work product itself. In some cases, the discovery and deposition files can take up 80% of the entire firm’s storage!
Start Where It Hurts: Discovery and Depositions
For most firms, the bulk of stored data comes from discovery and deposition materials. These often make up as much as 80% of a firm’s total data storage.
The good news? Attorneys typically care most about pleadings, filings, and final work product — not gigabytes of raw discovery. That makes these massive folders the perfect place to start your cleanup.
If your file system is structured by client → matter → document type, you’re already set up for success. Discovery and depositions probably live in their own folders. Begin by identifying which matters can safely be archived or deleted.
This is also a great task to delegate during slower periods. Receptionists, runners, or junior staff can compile a list of matters and folders ready for review — as long as there’s a two-step approval process:
- Compile the list of candidate folders or files for removal.
- Submit the list to firm leadership or attorneys for final sign-off before deletion.
This process creates accountability, reduces risk, and keeps everyone informed.
Can’t Get Approval to Delete? Archive Instead
If deleting data feels like an uphill battle, consider archiving instead.
Hackers target live data — not USB drives locked in a closet. Archiving old case data offline can significantly:
- Reduce storage costs
- Lower liability in the event of a breach
- Simplify your backup systems
However, USB drives are not archival-quality media. They degrade over time and shouldn’t be your only copy. Always maintain multiple copies, ideally stored in separate locations — one at the firm and another in secure offsite storage. (A banker’s box of USB drives can hold an incredible amount of data.)
For more sophisticated firms, cloud cold storage like Microsoft Azure Blob Cold or Archive tiers provides a better long-term solution. These services can cost up to 80% less than normal cloud storage while still allowing retrieval when necessary. Even “slow” cloud access is faster than finding and plugging in a physical drive.
Worried About Finding Data Later? Track It Simply
Retention and archiving don’t have to be complicated. A simple Excel tracker can go a long way:
- List which matters or clients have been archived
- Note which storage device or cloud container holds the data
- Include the location of physical copies (if any)
You can also leave a small text file in each corresponding server folder that notes where the data was moved. This helps attorneys and staff quickly understand what happened to the files without calling IT.
A Retention Policy Is More Than a Rule — It’s Risk Management
A strong data retention policy isn’t just about organization — it’s about reducing exposure, cost, and liability. Firms that hold onto decades of unnecessary data increase their:
- Cybersecurity risk (larger breach surface)
- Compliance risk (violating data protection obligations)
- Operational costs (storage, backup, indexing, and search overhead)
A well-structured policy, combined with a simple archive process, allows you to balance attorney concerns with practical data governance. Start small. Be consistent. And don’t let “we might need it someday” be the reason your firm drowns in decades of digital clutter.
Next Steps
If your firm is struggling with data retention, Clear Guidance Partners can help you:
- Audit your current storage systems
- Build an actionable, attorney-approved retention policy
- Implement low-cost, secure archival strategies
We specialize in right-sized solutions for small and midsize law firms — without unnecessary complexity or long-term contracts. Fill out this form and someone from our team will reach out soon.