How NextChapter Ensures Compliance with ABA Data Retention Policies
The use of legal technology often comes with questions about data retention policies and their alignment with professional conduct standards.
  • bankruptcysoftware
NextChapter Team
Published on Jul 09, 2024

The use of legal technology often comes with questions about data retention policies and their alignment with professional conduct standards such as the American Bar Association (ABA) Model Rules. At NextChapter, we take this obligation seriously and have tailored our data retention policy to meet and exceed these standards.

According to Rule 1.15 of the ABA Model Rules of Professional Conduct, safekeeping property mandates the preservation of complete client records for a minimum of five years after termination of representation.

NextChapter's terms stipulate that all files must be maintained for a minimum of 7 years or until they are directed to be removed by the attorney. This commitment ensures ample retention of crucial data, providing peace of mind to legal professionals and clients alike.

Retaining files is key – but the client must also be able to easily access them during that time period, and the data must be accurate and not altered or corrupted. Comparing NextChapter's policy with other bankruptcy software providers, such as Best Case Cloud and Jubilee, reveals distinct differences in approach. While some providers may meet the minimum retention period, they fall short in guaranteeing data integrity and accessibility.

For instance, as of the date of this post, Best Case Cloud's policy limits access to data upon account closure, with no assurance of data accuracy during exportation. Similarly, Jubilee's policy places the onus on clients to maintain offline copies of their data, adding an extra layer of responsibility.

In assessing these policies against Rule 1.15, it becomes evident that NextChapter's commitment to exceeding regulatory requirements sets us apart. By prioritizing data integrity, accessibility, and security, we ensure compliance while offering peace of mind to our users.

Legal professionals must carefully evaluate data retention policies to ensure alignment with professional conduct standards. NextChapter stands as a model of compliance and security in this regard, offering robust data retention practices that exceed regulatory requirements. By choosing NextChapter, legal professionals can trust that their data is not only safeguarded but also readily accessible when needed, thus upholding ethical standards in the legal profession.