Short answer: Closing a matter doesn't end confidentiality. ABA Model Rule 1.9(c) bars using or revealing a former client's information except as the rules allow, and privilege can survive even a client's death. Old files are still client files; plan on excluding them unless ethics counsel says otherwise.
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What Rule 1.9 adds
Rule 1.9(c) says a lawyer who formerly represented a client shall not use information relating to the representation to the former client's disadvantage, or reveal it, except as the rules permit (ABA Model Rule 1.9). It sits on top of Rule 1.6 (Rule 1.6).
Death doesn't end it either
The Supreme Court held that attorney-client privilege survives the client's death (Swidler & Berlin v. United States).
What age does change
Older years of firm operations (how work moved through intake, billing and staffing) can still matter to buyers, who value years of history. Mode counts years of records as one of four value drivers (Mode affiliate FAQ). The value has to come from firm-owned records, not closed matter files.
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 ask former clients for consent?
Rule 1.6 allows disclosure with informed consent. Whether that is practical for many former clients is a question for ethics counsel.
Does a retention policy help?
It tells you what you still hold and must protect. It doesn't create permission to license.
Sources
- ABA Model Rule 1.9, Duties to Former Clientsamericanbar.org
- ABA Model Rule 1.6, Confidentiality of Informationamericanbar.org
- Swidler & Berlin v. United States, 524 U.S. 399 (1998) (Cornell LII)law.cornell.edu
- Mode affiliate FAQ (PDF, dated Oct 14, 2026)bizbuydata.com
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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