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Before moving legal matter files, confirm what records and metadata are in scope, how retention and legal holds will carry over, whether access restrictions map correctly, and how you will prove the destination is complete, usable, and secure. Test those requirements in a controlled migration before retiring the source system.
Set the scope and preserve matter context
Start with an inventory, not a bulk copy. List the active and closed matters in scope, their documents, associated email and other records, source locations, offline or legacy copies, and the matter identifiers used to connect them. Record the relationships among documents and the metadata staff need to find and understand them.
Metadata is part of the record’s context, not merely a convenience. Federal agencies must plan migration so records remain usable and relevant metadata stays linked to them under 36 CFR § 1236.14. That rule applies to agencies within its scope, not automatically to private law firms; it is still a useful planning reference. For legal-aid organizations, ABA Standard 5.5 on case files describes a coherent file as recording material facts and transactions, a detailed chronology of work, and a planned course of action.
Build a source-to-target field map
For each field or relationship you intend to migrate, document its source, destination, transformation rule, and treatment if it cannot be mapped. Include matter identifiers, dates, document types, ownership or responsible team, and any links or parent-child relationships the firm relies on. Identify missing, inconsistent, or duplicated values early; silently dropping context makes files harder to retrieve and interpret later.
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Map retention, holds, and disposition
Before copying, determine which records must be retained, which are under a litigation hold or other freeze, and which may be eligible for authorized destruction. Establish whether any retention period extends beyond the planned life of the old platform. The move must not silently reset a retention clock, shorten a required period, release a hold, or dispose of records without authorization.
36 CFR § 1236.20 identifies scheduling, holds or freezes, preservation, and disposition as recordkeeping-system functions for federal agencies. Its legal application to a private firm must be assessed separately. There is no universal private-firm retention period established by the sources cited here; identify the firm’s professional-conduct, client-contract, privacy, court, and other applicable obligations with counsel and records or privacy leads.
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Verify confidentiality and permissions
Compare the source system’s matter-level and document-level restrictions with the target platform’s access model. Do not assume that a role, group, or sharing setting with a similar name grants the same access. Review external sharing controls and any client-consent policy that applies to information leaving the firm.
- Test representative users, including lawyers, support staff, administrators, and any restricted-role users.
- Check sensitive or restricted matters as well as ordinary matters, including whether users who should be excluded can discover files through search or links.
- Confirm how inherited permissions, exceptions, and external invitations behave after migration.
- Define who can approve access changes and how exceptions will be recorded.
ABA Standard 5.5 advises legal-aid organizations to align case-file retention and information-sharing policies with ethical and legal responsibilities, including whether and how client information may be shared externally with informed consent. That standard’s scope is specific; firms should apply their own governing duties and client terms.
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Check audit trails and integrity controls
Ask what the destination records and whether an authorized reviewer can retrieve the evidence. Check logging for access changes, record or metadata alterations, deletions, and location changes. Establish who can change or delete records, metadata, permissions, and logs, and whether audit evidence itself can be retained for the period the firm needs.
Federal agency guidance in 36 CFR § 1236.20 includes safeguards against unauthorized access, modification, or deletion and appropriate audit trails. As a state-specific example, Rhode Island’s electronic records rule, effective May 14, 2024, calls for logging actions that change access, alter a record, or change its location. That Rhode Island rule is not a general requirement for every law firm or jurisdiction.
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Test search, retrieval, and ongoing usability
Confirm that authorized staff can find and open migrated files using the identifiers they actually use: matter numbers, client or party names, dates, document types, and relevant metadata. Test the results, not just whether an import job reports success.
- Search for representative matters and documents using multiple fields and combinations.
- Open files in their supported formats and confirm that content is readable and usable.
- Check that links and relationships needed to understand the matter remain intact.
- Verify that access restrictions apply to search results and opened files, not only to folders.
Federal agency rules describe access and retrieval, usable preservation, and migration planning as recordkeeping concerns in 36 CFR §§ 1236.14 and 1236.20. Separately, 36 CFR § 1222.26 addresses appropriate metadata and electronic search and retrieval for agency records. These provisions are useful reference points, but do not by themselves establish private-firm obligations.
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Run a controlled migration and reconcile it
Write down the migration scope, field-mapping rules, exception handling, and acceptance criteria before moving production records. Reconcile the source and destination inventories and counts, then inspect a representative sample of files and metadata. The sources do not establish a universal sample size or checksum threshold, so choose criteria proportionate to the firm’s risk and document why they are sufficient.
- Define the baseline. Capture source counts and inventory details by matter and record type, along with the fields and relationships that must be preserved.
- Move a controlled set. Use a pilot or otherwise bounded migration that exercises ordinary and exceptional cases, including restricted matters, unusual formats, and records with holds.
- Reconcile records and context. Compare source and destination counts and inventories; inspect files, metadata, links, and exceptions against the agreed mapping.
- Test operational controls. Verify permissions, search, retrieval, audit evidence, hold behavior, and disposition settings in the destination.
- Record and resolve exceptions. Document missing or transformed data, assign remediation, and rerun the affected checks before acceptance.
- Obtain sign-off. Have responsible legal, records, privacy, and technical owners accept the results against the predefined criteria.
Rhode Island’s rule provides a jurisdiction-specific example of keeping source records until migration is complete and the destination is deemed reliable and secure. Whether that rule applies depends on scope and jurisdiction; as a risk-control practice, do not retire the source before the firm has validated and accepted the destination.
Retire the source deliberately and plan for the next move
After sign-off, retain the migration mapping and reconciliation evidence as appropriate to the firm’s recordkeeping needs. Document who accepted the migration, what exceptions remain, and how staff can retrieve records and audit evidence. Before decommissioning the old platform, confirm that the destination is reliable and secure, that required records remain accessible, and that any authorized source-system disposition follows applicable obligations.
Also ask how records could be exported and kept usable if the new platform is replaced later. Federal agency migration rules in 36 CFR § 1236.14 emphasize planning for records that must outlast a system and keeping relevant migration metadata linked to records. Use that as a forward-looking design question even where the federal rule does not govern the firm.
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If comparing platforms, ask each vendor for evidence against the same criteria rather than relying on feature names or assurances. The cited sources do not compare commercial products, so no platform can be treated as having passed these checks without firm-specific testing and documentation.
Quick Recap
| Evaluation area | What to verify |
|---|---|
| Matter access and sharing | Granular restrictions, external-sharing controls, and how permissions map during migration. |
| Metadata and retrieval | Searchable fields, relationships among records, supported queries, and export of context. |
| Audit and integrity | Events logged, protection from unauthorized change or deletion, and retention and review of logs. |
| Retention and disposition | Schedules, hold or freeze behavior, authorized disposition, and how these apply to migrated records. |
| Usability over time | Supported formats, readable exports, and continued access for the period records are required. |
| Migration evidence | Field mapping, exception reporting, reconciliation support, and export capability. |
| Vendor controls | Documented migration and security controls relevant to the firm’s requirements. |
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