Rule 1.19 - Required Bookkeeping Records.(a) A lawyer shall maintain for seven (7) years after the events which they record: (1) The records of all deposits in and withdrawals from special accounts specified in Rule 1.15 and of any other bank account which records the operations of the lawyer's practice of law. These records shall specifically identify the date, source and description of each item deposited, as well as the date, payee and purpose of each withdrawal or disbursement.(2) A record for special accounts, showing the source of all funds deposited in such accounts, the names of all persons for whom the funds are or were held, the amount of such funds, the description and amounts, and the names of all persons to whom such funds were disbursed.(3) Copies of all retainer and compensation agreements with clients.(4) Copies of all statements to clients or other persons showing the disbursement of funds to them or on their behalf.(5) Copies of all bills rendered to clients.(6) Copies of all records showing payments to lawyers, investigators or other persons, not in the lawyer's regular employ, for services rendered or performed.(7) Copies of all retainer agreements and closing statements.(8) All checkbooks and check stubs, bank statements, pre-numbered cancelled checks and duplicate deposit slips with respect to the special accounts specified in Rule 1.15 and any other bank account which records the operations of the lawyer's practice of law.(b) Lawyers shall make accurate entries of all financial transactions in their records of receipts and disbursements, in their special accounts, in their ledger books or similar records, and in any other books of account kept by them in the regular course of their practice, which entries shall be made at or near the time of the act, condition or event recorded.(c)Authorized Signatories. All special account withdrawals shall be made only to a named payee and not to cash. Such withdrawals shall be made by check or, with the prior written approval of the party entitled to the proceeds, by bank transfer. Only an attorney admitted to practice law in Rhode Island shall be an authorized signatory of a special account.(d)Missing Clients. Whenever any sum of money is payable to a client and the lawyer is unable to locate the client, the lawyer shall apply to the court in which the action was brought, or, if no action was commenced, to Superior Court for an order directing payment to the lawyer of his or her fee and disbursements and to the clerk of the court of the balance due to the client.(e)Dissolution of a Firm. Upon the dissolution of any firm of lawyers, the former partners or members shall make appropriate arrangements for the maintenance by one of them or by a successor firm of records specified in paragraph (a).(f)Availability of Bookkeeping Records; Records Subject to Production in Disciplinary Investigations and Proceedings. The financial records required by this Rule shall be located, or made available, at the principal Rhode Island office of the lawyers subject hereto and any such records shall be produced in response to a notice of subpoena duces tecum issued in connection with a complaint before or any investigation by Disciplinary Counsel. All books and records produced pursuant to this subdivision shall be kept confidential, except for the purpose of the particular proceeding, and their contents shall not be disclosed by anyone in violation of the lawyer/client privilege.(g)Disciplinary Action. A lawyer who does not maintain and keep the accounts and records as specified and required by this Disciplinary Rule, or who does not produce any such records pursuant to this Rule shall be deemed in violation of these Rules and shall be subject to disciplinary proceedings. As adopted by the court on February 16, 2007, eff. 4/15/2007COMMENTARY
Rule 1.19 appeared as Rule 1.16 in the prior version of the Rules of Professional Conduct. The ABA Model Rules do not contain a parallel rule. In addition to the holding periods imposed under paragraph (a) of this rule, G.L. § 8-14-2 entitled "Attorney records" provides that an attorney may destroy records relative to a civil case or matter after a period of seven years or more have lapsed since the disposition of the case or matter.
.