Edward S. Cheng quoted in Massachusetts Lawyers Weekly on dealing with client files

February 16, 2017

Edward S. Cheng, partner in the firm’s Litigation Department and co-chair of the Professional Liability Group, was quoted in Massachusetts Lawyers Weekly on dealing with client files when an attorney leaves a firm. The article, “Governo case gleaned for lessons in handling efiles,” discussed the Suffolk Superior Court decision in Governo Law Firm LLC v. CMBG3 Law LLC, et al.

From the article:

Even when law firms aggregate materials from multiple client files to create a master file for reusing the material in future cases, a client may have an argument that that master file is part of its own client file, says Boston attorney Edward S. Cheng.

“If  it’s a database where [the client] paid a portion of the money needed to aggregate it or keep it updated, and then the lawyer leaves, the client can make a strong argument that that database is part of his file,” Cheng says.

On the other hand, Cheng says it’s hard for any attorney to argue that he should have access to well-drafted pleadings from other cases he never worked on.

“The firm has a very strong argument that that is confidential client information, particularly if there were drafts [included in the file],” Cheng says.

Read the full article from Massachusetts Lawyers Weekly here.