Ownership of client files

Physical ownership of, and the copyright to, client files produced by you rests with Keystone at all times irrespective of who is said to 'own' the client for remuneration purposes. If the client requires the transfer of these ownership rights to another law firm for any reason, then (subject to any lien over the files for unpaid fees) that client simply needs to provide us with appropriate written instructions.

If a client asks you for a copy of the file and you are in any way worried that it may be a precursor to a complaint or a claim, please discuss this with the General Counsel. See the following section as to the provision of files.

The Law Society has written a helpful note on the client's right to the various parts of the file.

You should note that the standard rules on ownership of the client file can produce some surprising results including:

• Directors and shareholders have a right to see a company's files. This includes when the advice is about how to deal with them and includes a situation where a company takes advice as to how to deal with a third party and then that third party later becomes a director or shareholder. The same is true for insolvency practitioners once they take over a company as part of a recognised insolvency process (though we cannot exercise a lien against an insolvency practitioner).
• Beneficiaries (sometimes) and executors (usually) have a right to see the advice given to a testator, even where that is about them.

We have tried to prevent this so far as it applies to joint clients through additional wording in our Terms of Engagement, however, these seemingly odd rules cannot be disapplied. For corporate clients, it is possible to work for a director personally, who is typically able to have the company pay for that advice per a standard indemnity in his favour in the articles of association. Any work for a director personally is not liable to be seen by other directors or shareholders from time to time.