Legal

End of case: when do you destroy the lawyer's file?

18 February 2026 · 6 min read · DeSnipperaar

The final invoice is paid, the case is closed and the file goes into the archive cabinet. Then it goes quiet for years. Yet "end of case" is not the same as "can be destroyed". Between closure and destruction runs a retention period that varies by case type, and that period directly touches NOvA rules of conduct and disciplinary risks. This article lines up the frameworks and explains how to organise the destruction moment responsibly.

Target audience: lawyers and practice managers who want to get a grip on the archive lifecycle of closed cases.

When does the retention period start?

The retention period starts at the factual closure of the case: the last procedural act, the final judgment, the settlement or the client's withdrawal of instructions. For files with long-running consequences (instalment payments, custody arrangements, follow-up corporate arrangements) the starting point shifts to that final settlement.

A practical pitfall: if a case is "on hold", the file is not yet closed. Administrative closure and factual closure must coincide before the clock starts running.

How long to retain?

There is no single central law in the Netherlands that prescribes one term for all lawyers' files. Practice works with a combination of sources:

• General NOvA and professional literature line: at least roughly five years after closure, sometimes longer depending on case type.
• Longer terms: files with ongoing or possible professional liability, involving minors, or with corporate documentation regularly carry retention periods up to and past the limitation period for claims.
• Wwft: for files where client due diligence applied, a separate period of five years after the end of the relationship applies. See our article Wwft 5-year client due diligence.
• Tax: time-recording and invoices fall under art. 52 AWR with seven years' retention.

The firm should set a term per case type or per file. A blanket "everything ten years" is easy but blunt. A file-bound term card is more precise and fits GDPR storage limitation better.

Keeping things longer than needed is not diligence but a GDPR breach. Storage limitation is just as binding as confidentiality.

NOvA rules of conduct and disciplinary risk

Rule of conduct 15 (succession and availability of documents) and the broader duty of confidentiality come into play. Two risks sit opposite each other:

1. Destroying too early. The client may still exercise rights after closure (copy, accounting, access). Destruction within the retention period may be disciplinary culpable.
2. Destroying too late or not at all. Keeping unnecessarily is a GDPR infringement and enlarges the data breach risk for the entire archive. The deken and the AP have an eye for that.

More on the rules-of-conduct angle in our article about NOvA rules of conduct and file handling.

Highlight: what must always be kept separately?

• Original deeds, notarial documents and certified rulings that the client may still need later.
• Documents that are part of a pending or already submitted disciplinary complaint.
• Files involving minors, often well past the age of majority.
• Time-recording and invoices (tax: seven years, regardless of file lifecycle).

Practice: the destruction moment

Many firms organise one or two destruction rounds per year. Preparation:

1. List of files whose term has expired, by case type.
2. Final check for disciplinary complaint, appeal or pendency.
3. Verification that original documents have been returned to the client.
4. Per-file decision documented (who, when, why).
5. Physical preparation: boxes from archive cabinet to collection point.

Execution preferably on-site. The files leave the building only as shreds. DIN 66399 P-5 for paper, H-4 or E-4 for media from old case laptops or backup media. The certificate goes straight into the firm's file.

Documentation as a defence

Should a claim or disciplinary complaint surface after destruction, your best defence is a proper destruction register: which file, which date, which method, which certificate number. That shows the destruction happened in line with policy and term. Without records, destruction becomes a vulnerability. With records, it is precisely evidence of careful management.

Practice information and a contact form for the legal practice are on our lawyers industry page.

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Summary: end of case is start of retention period. Do not destroy too early, do not destroy too late, and document the moment. On-site destruction combines GDPR storage limitation, Voda 16 security and NOvA diligence in a single session.