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Summary: At present, North Carolina does not have a general privacy act or any general constitutional right to privacy. In addition, North Carolina common law only recognises two of the four traditional common law claims for invasion of privacy: appropriation of ones likeness and intrusion upon seclusion.
Those four types are 1) intrusion on a persons seclusion or solitude; 2) public disclosure of embarrassing private facts about a person; 3) publicity that places a person in a false light in the public eye; and 4) appropriation, for the defendants advantage, of the persons name or likeness.
While New Jersey has not adopted the ABAs proposed amendment to model RPC 1.6, existing RPC 1.15(a) plainly requires attorneys to preserve client prop- erty, including documents, for a period of seven years.
North Carolina Public Records. The citizens of North Carolina are guaranteed the right to seek out, obtain and utilize public records held by the authoritative bodies of the state, their county, their municipality, or their city.
North Carolina recognizes the specific tort of invasion of privacy by intrusion into seclusion. This type of invasion of privacy includes the intentional intrusion into the seclusion or solitude of another person or their private affairs or concerns, where a reasonable person would find the intrusion highly offensive.
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ANSWER: With the exception of trust accounting records (6 years), contingent fee contracts and closing statements in contingent fee cases (6 years), there is no specific number of years for which lawyers are required to keep closed files.
The file should be handed over immediately upon request. If the attorneys fees are paid in full, the attorney cannot hold the file back for the cost of any copies that the attorney has made, because the attorney cannot charge the client for these copies.
The Model Rules suggest at least five years. See Model Rule 1.15(a). Many states set this requirement at six years, and some set it even further out. However, for certain types of legal matters, you must keep the files even longer.
Invasion of privacy is a tort based in common law allowing an aggrieved party to bring a lawsuit against an individual who unlawfully intrudes into his/her private affairs, discloses his/her private information, publicizes him/her in a false light, or appropriates his/her name for personal gain.
The file should be handed over immediately upon request. If the attorneys fees are paid in full, the attorney cannot hold the file back for the cost of any copies that the attorney has made, because the attorney cannot charge the client for these copies.