A conveyancing file has been scanned, checked and uploaded. Can the paper documents now be shredded?
The answer depends on what those documents are, who owns them and why they may be needed again. A readable electronic copy does not settle every question about retaining an original.
The CLC’s Risk Agenda 2026 cautions against a blanket “scan and destroy” approach, particularly where original documents carry legal significance or their authenticity may later become important.
A file can contain documents requiring different treatment
Routine correspondence, signed documents, original deeds and papers supplied for safekeeping should not automatically follow one disposal process.
Before authorising destruction, establish:
- Whether the firm owns the document or holds it for someone else.
- Whether the original has continuing legal or evidential significance.
- Whether client instructions, an undertaking or another obligation affects its treatment.
- Whether a complaint, claim, investigation or anticipated dispute requires preservation.
- Whether return, continued storage or authorised destruction is appropriate.
The decision should be made by someone competent to assess the documents, with a clear route for referring uncertain cases.
A minimum retention period is not an automatic destruction date
A retention schedule should identify the requirements applying to the firm and explain when a longer period may be justified.
CLC-regulated practices must consider the CLC Transaction Files Code. SRA-regulated firms should assess their own applicable obligations rather than treating CLC retention periods as a universal schedule.
The file’s contents and circumstances also matter. A transfer involving a gift, unusual funding arrangements or a developing dispute may require a different assessment from an ordinary transaction.
Keeping every document indefinitely is also an inadequate policy. The firm needs a reasoned approach that addresses both preservation and appropriate disposal of personal information.
Check that the electronic record is complete
Before paper records are released or destroyed, quality checks should establish whether the electronic file can actually be used.
Are all pages present? Are plans readable in colour where colour matters? Have attachments, reverse pages and handwritten annotations been captured? Can the documents be located without relying on the memory of the original fee earner?
Record the checks and resolve defects before approving disposal.
Will the file remain accessible after a supplier change?
A firm may retain a file for years but lose practical access when a storage contract ends or a case management system is replaced.
Consider export formats, indexing, access permissions, retrieval costs and arrangements for transferring records. Test retrieval of older files rather than assuming that a successful backup proves they can be recovered and understood.
Our Information Management and Security Policy review guide considers the wider controls supporting secure information handling.
Make destruction an authorised process
A documented procedure should identify the reviewer, relevant retention checks, any preservation requirement, the approved disposal method and the record of what happened.
Where originals are returned, record the recipient and delivery arrangements. Where documents are destroyed, retain an appropriate destruction record.
Buy the Information Management and Security Policy
Document how your firm handles information throughout its lifecycle, including storage, retention, access and disposal.
Buy the Information Management and Security Policy
Adapt the template to your documents, systems and applicable obligations. Individual decisions about retaining originals may require specific legal assessment.