What are my obligations when I hold documents for a client?

When a solicitor retains documents they do so pursuant to the law of bailment. This means that, among other things:

the solicitor must exercise reasonable care in relation to the documents;

the documents must be delivered to the bailor/client as soon as reasonably possible when so requested1, and

if the bailor of the documents/client provides instructions about access to the documents, those instructions must be followed.

Rule 14 of the Australian Solicitors’ Conduct Rules provide that a solicitor may destroy documents after a period of 7 years from completion or termination of the engagement unless the client instructs otherwise or legislation requires a different approach.

1. Pilmer v Duke Group Ltd (In liq) [2001] HCA 31; (2001) 207 CLR 165 at 199 [78]. See also Chan v Zacharia [1984] HCA 36; (1984) 154 CLR 178 at 198 per Deane J; Warman International Ltd v Dwyer [1995] HCA 18; (1995) 182 CLR 544 at 558 per Mason CJ, Brennan, Deane, Dawson and Gaudron JJ; Breen v Williams [1996] HCA 57; (1996) 186 CLR 71 and Howard v Commissioner of Taxation [2014] HCA 21.