Legal Question in Technology Law in California

Hello,

I am setting up my office am would like it to be paperless. But are there any documents that must stay in paper form, or can I scan a toss all receipts, bills, employee contracts etc? Also when it comes to things that need signatures (i.e. employee contracts and so on) can I have those docs only in electronic form?

Wondering Assistant

A.M.


Asked on 12/31/10, 11:58 am

1 Answer from Attorneys

James Sanchez Law Office of James V. Sanchez

The issue here would tend to focus on "do I need an original for a particular purpose". I try to be paper-less (meaning as little as possible), within my office myself.

For issues of litigation, a "true and correct copy" is often sufficient. Xerox copies have often been acceptable for both litigation as well as non-litigation matters. The issue also includes fax copies and the fact that signatures on faxes are also acceptable. For those items you wish to scan, choose a scanner that produces PDF's and scans no less than 600dpi (Fujitsu is what I use).

While many contracts, receipts, bills and other documents are fine where a copy exists, anything notarized should be kept in original form. This also goes for stamped copies of deeds, etc., that have been filed and where you went to the trouble of having them properly conformed (original stamp), in the first place. For these items, the extra step of a very good firebox or a safe-deposit box is highly recommended.

Client supplied originals are another facet where you should copy/scan them with permission and return them to the client where feasible, and where you will not need the originals. Never dispose of client supplied documents (the actual client supplied, not the copies), without first offering to return them to the client first, and never their original documents.

I would figure that to remind you to backup-backup-backup goes without saying.

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Answered on 1/05/11, 3:44 pm


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