Storage of data, files and papers
Electronic data stored by us in connection with our provision of Legal Services may not be physically situate in Guernsey and by agreeing to these Terms of Business you acknowledge your consent to us utilising, exporting and storing such personal or other data in such manner and in such jurisdiction as we may in our absolute discretion deem appropriate from time to time for the purpose of the provision of the Legal Services. You also agree that electronic and personal data concerning you or your matter may be shared with other Bedell Cristin entities for the purposes of marketing, due diligence, compliance or any other lawful purpose.
After termination of the provision of the Legal Services, we are entitled to retain all papers and documents which have come into existence in the course of our providing the Legal Services until all fees and disbursements in connection with the provision of the Legal Services and any associated services provided by any third parties shall have been settled in full.
Subject to payment in full of all fees and disbursements, we will, on your instructions, provide originals (or, if so requested, copies) of any documents belonging to you which we are holding or which we have under our control and which have come into existence while we provided Legal Services. We reserve the right to retain copies of such original documents which may be requested and we reserve the right to require payment of our reasonable copying charges in advance of providing any such documents.
Where, as part of providing Legal Services, we have created internal memoranda, attendance notes and other documents for our own purposes then in accordance with accepted principles such documents shall belong to us and we shall not be obliged to hand over originals or copies of any such documents to you or to any other adviser appointed by you unless ordered to do so by a court of competent jurisdiction.
We may retain all documents belonging to you whether as originals or copies, and we will keep originals or copies of all such documents for a period of eleven years from the date of termination of our instructions in relation to a particular matter. During this period we reserve the right but have no obligation to make electronic copies of such documents, correspondence, memoranda, notes and, save for original signed documents, we reserve the right to destroy hard copies and store the remainder of the filing electronically immediately after the matter is concluded.
After eleven years, our continued retention (whether in electronic form or otherwise) of files of papers and documents (other than originals) is on the clear understanding that we reserve the right to destroy all such papers and documents at such time as we consider appropriate unless we have been instructed and agree to the contrary at or prior to the termination of our instructions in relation to the particular matter in which we have provided Legal Services.
In drawing this matter to your attention we will treat you as having so consented to the destruction of such files as set out above. If we are requested and agree to retain files beyond such eleven year period, we reserve the right to charge for so doing.
Should we need to retrieve files from storage in relation to continued instructions or any new instructions to act for you in a matter where previous files may be relevant, we would not normally charge for the retrieval of files from storage. If, however, you or any third party with your agreement makes a specific request for information concerning a matter in which we are no longer acting for you and you wish to receive specific documents or other papers, we reserve the right to charge for fulfilling any such request.
Notwithstanding our agreement to retain documents, whether during or after the provision of Legal Services, we will not be liable for any loss, destruction or damage to such documents howsoever caused.