We are looking to store our CLS files electronically but are not sure of the official CLS position regarding electronic storage. Can anyone direct me to it?
Of particular interest to us is their position on electronic copies of documents which have the client's signature ( eg CW1 form and suchlike).
Think I know part of the answer but darned if I can find authority for it at the moment. The LSC will only accept originals of the CW1. They treat electronically stored CW1s as photocopies, which are not acceptable. Because they could be reproduced en masse and used for a whole swathe of matter starts opened on the same date. They do a little test by rubbing their finger along the client's signature, to make sure they can feel the indentations made by the writing implement. But if you only have to store the CW1 as opposed to the full file of papers, you are already saving huge sums of money on storage.
they do say that but the contract specifically allows electronic storage and does not make any reference to requiring the original to be retained see paras 8 & 9 of the 2010 civil specification and most particularly
8.9 Without limiting our rights under Clause 9.1, Records may be held by you pursuant to this Clause 8 in any manner (including on microfiche or CD ROM), provided that you are able to comply with your obligations to provide such information to us in accordance with Clauses 8 and 9. Electronic Files 8.10 In respect of Contract Work files which you hold electronically, you must ensure that such electronic files contains an accurate and complete record of all matters which would have been included had such file been a paper file, including: (a) ensuring that documents are held in pdf format; and (b) in relation to any paper documents which you save in electronic format for storage, having a process in place (and you must comply with such process) which complies with the reasonable requirements of the National Audit Office for ensuring that electronic copies are accurate copies of the corresponding paper document.
