When it comes to removing a client file or billing record from a computer, simply tapping the delete key is not sufficient.

But several tech-savvy attorneys say that fact isn’t always common knowledge among lawyers.

“People want it to be easy and don’t always consider that they have peoples’ lives on these hard drives with a lot of sensitive information,” said West Bend attorney Clarence O. Behrend.

The sole practitioner has on at least one occasion come across some confidential client information on a computer discarded by a law firm.

Behrend cleaned the data off the machine. But in the wrong hands, it could have created a nightmare for the firm and its client.

The best case scenario is the potential for a breach of confidentiality, said attorney Ronald K. Phillips of Phillips Law SC in Cedarburg.

From a business perspective, if delicate information is disclosed, it can result in misappropriation of trade secrets, he noted.

The worst case scenario, said Phillips, “is someone misuses that information in litigation.”

Keeping safe

But there are several simple and effective ways to avoid potential disaster.

One is to hire a third-party vendor to “wipe” your hard drive of any confidential information that is no longer tied to a case.

Phillips said there is also do-it-yourself software available for free, although he recommends having an IT technician or experienced company do a thorough job.

“Paranoia is the principle, so money should not be an issue in doing something like this,” he said.

Another important step is to create a retention and destruction policy for electronic information.

Typically, the kind of case will dictate how long electronically stored information should be retained, said attorney Timothy D. Edwards, chair of the Electronic Discovery and Records Management Team at Axley Brynelson LLP.

For example, “if it’s a probate case where you have a will, then you probably want to keep it virtually forever, or at least until there are no more disputes about inheritance distribution,” he said.

But for criminal cases, you may only need to keep information for six years, as dictated by the Rules of Professional Responsibility.

Edwards cautioned attorneys about destroying electronically stored information that could be part of any future litigation.

“Even if you have a valid retention policy, lift it and hold those documents in abeyance if there is pending or foreseeable litigation,” he advised.

Within those constraints, it’s important for attorneys to avoid becoming electronic pack rats who store everything.

Edwards said attorneys who keep an unnecessarily high volume of electronically stored information run the risk of saving something that could come back to haunt them or a client.

E-mails, in particular can be targets, even if the exchanges appear mundane.

“A lot of times people converse in e-mails that are not meant to be seen by a lot of people, and with the world being so litigious, it’s a good policy to erase what you don’t need for liability protection,” Edwards said.

Ultimately, it’s up to the attorney to adhere to his or her firm’s document retention policy and use good judgment.

When in doubt, the best way to ensure electronic information doesn’t resurface is to destroy the hard drive.

Phillips said that when he gets rid of a computer he breaks it down on a drill press and punches holes in the hard drive to shatter the plates.

“Then I know it’s pretty much out of service,” he said.