Risk Spotlight

Storage of legal documents: Best practices

Ever gone on a treasure hunt looking for legal documents you knew you'd stored somewhere? We've all been there. Keep your legal documents safe, secure, and easy to find with these simple storage tips.

A box for storage of legal documents.
A box for storage of legal documents.

Icons8.com

Risk Spotlight

Storage of legal documents: Best practices

Ever gone on a treasure hunt looking for legal documents you knew you'd stored somewhere? We've all been there. Keep your legal documents safe, secure, and easy to find with these simple storage tips.

A box for storage of legal documents.

Icons8.com

Introduction

We’ve all been there: frantically searching through piles of paper, junk drawers, and that mysterious box labeled “Important Stuff” when we need to find a specific document. When it comes to legal documents, though, you can’t afford to play hide and-seek. Proper storage is key to ensuring your important papers don’t get lost, damaged, or accidentally used as scrap paper for your shopping list.

So, how do you ensure the storage of legal documents in a way that’s safe and accessible without turning your office into a filing fortress?

Read: What you should do if a client refuses to sign your contract

Why the proper storage of legal documents matters

Before we dive into the "how," let’s talk about the "why." Legal documents aren’t just pieces of paper—they’re proof of your rights, responsibilities, and agreements.

From contracts and wills to deeds and tax records, these documents carry serious weight. Losing or damaging them can cause more than just a headache—it can lead to legal disputes, financial loss, and, in some cases, even criminal penalties.

Here’s why it’s important to ensure the proper storage of legal documents.

Legal protection

Misplacing or damaging legal documents can lead to serious headaches, especially when you need to prove something legally. Whether it’s showing ownership of a property, resolving a dispute with a business partner, or proving compliance with government regulations, having your documents in order is crucial.

For example, if you can’t produce a signed contract during a dispute, you might lose your claim, costing you money or even your business’s reputation.

Easy access

Time is money, and nowhere is this truer than when you’re scrambling to find a missing document. Imagine needing to locate your tax returns right before an If your documents are scattered, misplaced, or buried in a pile somewhere, it can

lead to unnecessary stress and wasted time. A well-organized storage system means you can get your hands on what you need quickly, without turning your office upside down.audit or pulling up a contract for a sudden legal matter.

Longevity and preservation

Paper might seem durable, but it’s not invincible. Over time, it can become brittle, fade, or suffer from wear and tear. Exposure to moisture, light, or even pests can ruin crucial information. Proper storage methods, such as using acid-free folders and keeping documents in a climate-controlled environment, can protect your papers for decades.

This is particularly important for documents you need to keep for the long term, like property deeds, wills, or intellectual property records. Proper care now means they’ll be legible and intact when you need them years down the road.

Read: Do legal documents have to be written in English?

Types of legal documents that need proper storage

Not all documents are created equal, but there are some you definitely want to keep safe. Here’s a quick rundown of the most common legal documents you should store securely.

Business contracts

Keep copies of all your business agreements, including client contracts, vendor agreements, employment contracts, and service agreements. These are crucial for managing relationships and resolving disputes.

Corporate governance documents

Store your company’s articles of incorporation, bylaws, shareholder agreements, and meeting minutes. These documents outline your business’s legal structure Storage of legal documents: best practices and governance procedures.

Leases and property deeds

If your business owns or rents property, retain all related documents. This includes property deeds, leases, and any modifications to these agreements, as they provide proof of ownership or lease terms.

Insurance policies

From general liability and property insurance to workers’ compensation and professional liability, keep all your business’s insurance policies organized and accessible. This ensures you have immediate access in case you need to file a claim.

Intellectual property records

Protect your business’s creative assets by securely storing patents, trademarks, copyrights, and any related agreements. These documents are vital for defending your business against infringement.

Employee records

Maintain accurate and updated records of employment agreements, non-compete clauses, and performance reviews. Proper storage of these documents is essential for compliance and managing employee relations.

Tax documents

Retain all your filed tax returns, financial statements, and correspondence with tax authorities. Proper storage of these records is essential for audits, tax planning, and financial forecasting.

Storing these documents securely and in an organized manner not only protects your business’s legal standing but also ensures you’re ready for any situation that might arise—from audits to disputes and everything in between.

Physical storage

Even in our digital age, some documents are best stored as physical copies. Here’s how to keep your hard copies safe and sound.

Invest in a fireproof safe

Not just any safe—look for a fireproof, waterproof model that’s designed to protect against disasters. A good safe will keep your documents secure from theft, fire, and water damage. Plus, it keeps everything in one place, so you’re not tearing apart your office trying to find that one piece of paper.

Organize with folders and labels

Don’t just shove everything into a safe or drawer. Use labeled folders to categorize documents (e.g., “Contracts,” “Wills,” “Property Deeds”). This way, you can grab what you need without digging through a mountain of paper.

Avoid damp and humid places

Paper and moisture are not friends. Store your documents in a cool, dry place to prevent mold and deterioration. Basements and attics might seem like good storage spots, but they’re often prone to dampness and temperature fluctuations.

Make copies

For particularly important documents, consider making certified copies. Keep the originals in your safe, and use the copies for day-to-day reference. This way, you can minimize handling of the original, reducing wear and tear.

Read: What is a business contract?

Digital storage

If the thought of storing stacks of paper makes you cringe, digital storage might be your best friend. Here’s how to do it right.

Scan and digitize

Invest in a good scanner and digitize all your important documents. Save them as PDFs for easy access and storage. Make sure your digital copies are clear and legible—you don’t want to discover that your crucial contract is an indecipherable blur when you need it most.

Use secure cloud storage

Store your digitized documents in a reputable cloud storage service like Google Drive, Dropbox, or OneDrive. Make sure the service offers robust security features, including encryption and two-factor authentication, to keep your information safe from prying eyes.

Back it up

Digital files are great, but they’re not immune to mishaps. Always back up your digital documents on an external hard drive or another cloud service. This way, if one storage method fails, you have a backup ready to go.

Password protection

For sensitive legal documents, use password protection and encryption. This adds an extra layer of security, ensuring that only authorized users can access your files.

Hybrid storage

For maximum security and ease of access, consider using a hybrid storage approach for your legal documents. This means keeping both physical and digital copies to cover all your bases. Here’s why it’s worth having hybrid storage as part of your game plan.

Flexibility and accessibility

Hybrid storage offers the best of both worlds. With digital storage, your team can access documents instantly from anywhere, improving collaboration and workflow efficiency. At the same time, physical storage ensures that original, signed documents, which may be required for legal purposes, are kept securely.

The flexibility to store some documents digitally and others physically lets you tailor your approach based on specific needs, ensuring fast access when needed and maximum security when required.

Cost-effectiveness

While going fully digital may seem appealing, some documents still need physical retention due to legal or regulatory requirements. Hybrid storage allows you to to reduce physical storage costs by digitizing non-essential documents, while minimizing cloud storage expenses by only storing high-priority documents digitally. This cost-effective solution ensures that your business isn’t overpaying for unnecessary storage space in either format.

Enhanced security

Digital storage platforms often come with encryption, multi-factor authentication,and automatic backups, reducing the risk of data breaches.

However, physical documents stored in a secure, locked location add another layer of protection, particularly for original legal documents or contracts that can’t easily be digitized.

By keeping both physical and digital copies of key documents, your business has built-in redundancy, ensuring that if one system fails—whether it's a digital hack or a physical disaster—your legal documents are still protected.

Compliance with requirements

Many industries have strict compliance requirements for the storage and retention of legal documents. A hybrid storage approach helps you stay compliant with these regulations. Digital platforms allow for easy monitoring, audit trails, and access control, while physical storage can meet the legal requirements for retaining original signed documents.

This dual approach ensures that your business can confidently manage legal documents without running afoul of regulatory standards.

Disaster recovery

Hybrid storage adds a layer of disaster preparedness. In case of a data breach or cyberattack, you have physical copies to rely on, and in case of fire, flood, or physical damage, digital backups ensure your legal documents remain safe. This dual-layer protection helps you maintain business continuity no matter the scenario.

Read: How to update your contracts to increase profits

Legal compliance and retention periods

Properly managing legal documents means understanding how long each type should be kept to remain compliant with various regulations. Here’s a quick overview.

Contracts and agreements

Most business contracts should be retained for at least 6 years after they expire, as this aligns with the statute of limitations for contract disputes in many jurisdictions. For certain agreements, like construction contracts or deeds, this period can extend to 12 years.

Keeping these documents longer ensures you have proof of terms and conditions should any disputes arise post-termination.

Tax records and financial statements

The IRS suggests retaining tax returns, along with supporting documentation (like receipts, invoices, and bank statements), for at least 7 years.

This covers the period during which the IRS can audit your returns or you can file a claim for a refund if needed. For businesses, it’s also wise to keep annual financial statements, payroll records, and expense reports for at least 7 years to support your tax filings.

Property deeds and titles

Hold onto property deeds, mortgage documents, and titles for as long as you own the property. After selling, it’s prudent to keep these records for a few more years to address any future ownership or financial disputes. They’re essential for proving your legal right to sell and any historical liens or encumbrances on the property.

Wills, trusts and estate planning documents

These should be kept indefinitely, including any amendments or codicils (updates to a will). Even after the will is executed, these documents may be needed for future reference, especially in cases of family disputes or if changes are made to the estate plan.

Employment records

Keep employee records for at least 3 years after they leave the company, including contracts, performance reviews, and termination letters. Certain records, like payroll or workplace injury reports, should be retained for up to 7 years to comply with labor and employment laws.

Read: Why you need clear payment terms in your business contracts

Conclusion

Proper storage of legal documents isn’t just about keeping things tidy—it’s about ensuring your vital information is secure, accessible, and up-to-date. Whether you choose physical, digital, or hybrid storage, the key is to be organized and proactive.

Don’t wait until you’re in a pinch to find that crucial piece of paper or file. Set up a solid storage system now, and save yourself the headache (and potential legal trouble) later. After all, peace of mind is priceless—unlike that gym membership you can finally stop paying for.

How Cobrief can help with contract review

Reading your business contracts can feel overwhelming as an owner-manager of a small to medium-sized business. That’s where Cobrief comes in. Cobrief helps business owners and operators review their business-to-business contracts for legal risks.

Upload your contract to Cobrief's AI contract review software, click review and you’ll get a list of all the risks, in plain English. This helps you decide whether to sign, negotiate or reject the terms of your contract, or hire a lawyer. Think of it as a heat map for your contracts.

Get started here.

This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

Last updated

Sep 27, 2024

Cobrief provides a self-help AI contract review software product at your own specific direction. We are not a law firm or a substitute for an attorney or law firm. Communications between you and Cobrief are protected by our privacy notice, but not by attorney-client privilege.

We do not and cannot provide any kinds of advice, explanations, opinion, or recommendation about possible legal rights, remedies, defenses, options, selections of forms, or strategies. All information from Cobrief is provided for informational purposes only. The law is complex and changes often, and you should always seek a qualified and licensed attorney for legal advice.

2024 Cobrief. All rights reserved.

San Francisco, California.

Cobrief provides a self-help AI contract review software product at your own specific direction. We are not a law firm or a substitute for an attorney or law firm. Communications between you and Cobrief are protected by our privacy notice, but not by attorney-client privilege.

We do not and cannot provide any kinds of advice, explanations, opinion, or recommendation about possible legal rights, remedies, defenses, options, selections of forms, or strategies. All information from Cobrief is provided for informational purposes only. The law is complex and changes often, and you should always seek a qualified and licensed attorney for legal advice.

2024 Cobrief. All rights reserved.

San Francisco, California.

Cobrief provides a self-help AI contract review software product at your own specific direction. We are not a law firm or a substitute for an attorney or law firm. Communications between you and Cobrief are protected by our privacy notice, but not by attorney-client privilege.

We do not and cannot provide any kinds of advice, explanations, opinion, or recommendation about possible legal rights, remedies, defenses, options, selections of forms, or strategies. All information from Cobrief is provided for informational purposes only. The law is complex and changes often, and you should always seek a qualified and licensed attorney for legal advice.

2024 Cobrief. All rights reserved.

San Francisco, California.