Clients access to files

Given these concerns, the Code of Ethics further states the following:. Social workers should limit clients' access to their records, or portions of their records, only in exceptional circumstances when there is compelling evidence that such access would cause serious harm to the client.

Both clients' requests and the rationale for withholding some or all of the record should be documented in clients' files standard 1.

This ethics standard was written before the dawn of electronic records as we know them today. The core concepts continue to apply, however. That said, clients' access to electronic records, which is certainly consistent with NASW standards, poses new and unique ethical challenges for social workers.

For example, clients who are able to access their social worker's clinical notes may choose to share them with third parties, without the social worker's knowledge or consent. In one case, a hospital-based social worker provided crisis counseling to the single mother of a child who had been rushed unconscious to the emergency department following a backyard accident. According to hospital records, the mother was "out of control" in the emergency department's waiting room and "insisted that she be allowed to be with her child when the medical team was trying to resuscitate him.

The sisters were so irate that the mother decided to file a lawsuit against the social worker and the hospital alleging defamation of character by the social worker. The mother also filed a licensing board complaint against the social worker. Although clients have always had the right to request access to their clinical records, which traditionally have been paper records, relatively few have done so.

But with the advent of online portals, clients are now more likely to review social workers' clinical entries. In fact, clients who have electronic access to their records can view them almost instantaneously on their smartphones or electronic tablets. As a result, contemporary social workers now face challenges unknown to earlier generations of practitioners. Holding back parts of the file to which the client is not entitled — out of spite or for no substantial purpose — can make a bad situation worse.

Lawyers may choose to hand over the entire file to the client, even if they can withhold certain parts under the state rules. Minnesota does not in its rule otherwise distinguish intermediate drafts of documents from final products, as the ABA opinion spends time doing. Minnesota has not stated that such drafts are somehow documents to which a client is not entitled, so it would seem that they may be. Many lawyers may not historically have retained drafts of pleadings, research memos, etc.

State rules, however, trump the Model Rules. While some states like South Dakota, Massachusetts, Georgia and Vermont follow the Model Rule and allow retaining liens in general, others such as North Dakota and Minnesota forbid them entirely. North Dakota Rule 1. In Minnesota, Rule 1. Even when a lawyer has a written agreement authorizing charges for copying or retrieving the file, he may not withhold the client file to secure payment of those costs or legal fees owed.

But lawyers cannot keep documents that belong to the client and must be surrendered to the client, while awaiting payment for those documents.

Lawyers whose state rules allow retaining liens should carefully consider whether to exercise this right. Lawyers might resist releasing a client file when they have previously provided the client with copies of documents, correspondences, etc. In its Formal Opinion , the ABA encourages lawyers to regularly provide clients with information and copies of documents during the course of representation and encourages lawyers to advise clients to maintain these documents.

This helps to comply with Rule 1. The Office of Lawyers Professional Responsibility takes a similar approach. A lawyer is not relieved of his duty to surrender client property by claiming the client previously received copies of pleadings and other items during representation.

This is part of client communication and reduces the likelihood that the client will request the file at the end of representation. But the client cannot be forced to maintain a copy of the file. Avoid careless loss and premature destruction of valuable documents in the client file. Keep your file management and retention system well-organized, secure, and properly labeled to allow easy retrieval.

Our secure client portal software helps them easily download and upload files, without compromising on security, privacy, or convenience. Enjoy the convenience of working in the cloud, without compromising on the security , compliance , and productivity features you need to run your business. With SmartVault, your data is encrypted and backed up automatically, and our desktop tools run at speeds comparable to working locally.

SmartVault integrates seamlessly with the leading accounting and business applications to extend our client portal features to the apps you love. Your business thrives when your clients are happy. Your data is encrypted and protected, and clients have their own authenticated login. Users can drag and drop files to their client portal and view files in their browser without downloading them.

Brand the client portal with your logo and color scheme, and link directly from your website. You control who has access to files and can restrict permissions like editing, deleting, or creating files.

All activity is timestamped in an activity report, and you can resurrect deleted or overwritten files through version history. Check our help guide for more info. To free up GP capacity to support the Covid booster programme, the Government has temporarily amended the rules Chester Shrewsbury Airport City, Manchester Work done by this firm including consumer credit matters is regulated by the Solicitors Regulation Authority number , except for work done as Insolvency Practitioner D.

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