Short answer: Possibly, but only a narrow slice. Criminal defense files are full of client information that confidentiality rules protect, so the realistic scope is firm-owned operating material. On size, Mode's minimum for legal is 10 employees; micro1 asks for 30+.
On this page
What these files hold
Typical criminal defense matter files include:
- Client statements and defense strategy
- Discovery from the prosecution, including police reports and recordings
- Criminal histories, mental-health and other mitigation records
- Plea negotiations
ABA Model Rule 1.6(a) bars revealing information relating to the representation of a client without informed consent or an exception (Rule 1.6), and Rule 1.9 carries duties to former clients (Rule 1.9). Your state's version is the one that binds you.
What a firm might consider instead
- Firm administration: IT, HR policies and vendor management
- Blank motion and letter templates without case facts
- Scheduling, court-calendar and billing procedures
- Staff training materials
These are candidates for review with ethics counsel, not a list of approved items.
Discovery often comes with court limits
In federal cases a court 'may, for good cause, deny, restrict, or defer discovery' and grant other relief, which is how protective orders limit what defense teams can do with discovery (Fed. R. Crim. P. 16(d)). Material under a protective order should never be part of a license.
Size and program fit
Mode lists minimum team sizes of 10+ employees for legal, 15+ for accounting, medical and finance, and 50+ for all other businesses, for companies based in the US, Canada, the UK or Australia with several years of records they own (Mode). micro1 asks for 30+ employees, mostly English data, and says it is prioritizing US companies (micro1). Census doesn't count firms by practice area, so the table shows all U.S. law offices.
| Industry (U.S. firms, 2022) | All firms | 10+ staff | 25+ staff | 50+ staff | 100+ staff |
|---|---|---|---|---|---|
| Offices of lawyers (NAICS 541110) | 156,583 | 17,397 | 5,620 | 2,484 | 1,151 |
Source: U.S. Census Bureau, Statistics of U.S. Businesses 2022, detailed employment sizes. Firms (enterprises) by paid employees; contractors are not counted. Each column sums the Census size classes at or above that size.
This is general information, not legal advice. Talk to your own attorney or compliance advisor before you share or license any records.
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Frequently asked questions
Can we license discovery we received?
Discovery belongs to the case, is often under a protective order, and is client-related information. Keep it out.
Is there anything a defense firm can license?
Firm operations and blank templates are where to start. Ethics counsel should set the scope.
Sources
- Mode / BizBuyData referral pagebizbuydata.com
- ABA Model Rule 1.6, Confidentiality of Informationamericanbar.org
- ABA Model Rule 1.9, Duties to Former Clientsamericanbar.org
- U.S. Census Bureau, Statistics of U.S. Businesses 2022, detailed employment sizeswww2.census.gov
- micro1 company referral pagemicro1.ai
- Federal Rule of Criminal Procedure 16 (Cornell LII)law.cornell.edu
Referral-fee disclosure: we may be paid by a program if your company signs with it after using this site. General information only, not legal advice.
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