Storing a Client's Will

Helen W. Gunnarsson has the cover article in this month's Illinois Bar Journal, and the title is "Should You Store Your Client's Will?"  (registration may be required for non-members)

The article gives a nice overview of the issues involved with handling old Wills.  The problem is that some attorneys -- in particular, solo practitioners and small firm attorneys -- agreed to hold original Wills for their estate planning clients.  Often this is done by the attorneys in hopes that more legal work would arise in the future (either in terms of changes to the Will, or when the Will "matures" and a probate is needed).  There's a view -- mentioned by Ms. Gunnarsson -- that this line of thinking is either unethical or morally repugnant.  I would agree with that, but then again, I don't hold original documents for my clients.  I don't safekeep documents for the same reasons I don't sell real estate (or Mary Kay products or Beanie Babies) on the side: it's not my job, and it detracts from my job.  As a lawyer, do you really want to compare yourself to attorney/babysitter/agent/bodyguard/unauthorized biographer/realtor/cobbler Lionel Hutz?

Of course, many attorneys choose not to store their clients' Wills, but wind up inheriting these types of documents from old school attorneys (many of whom did offer this service).  Now the question is, what do I do with all of these documents?  The article offers a few suggestions, like using skip tracers or checking the internet Social Security Death Index, but this can take a lot of time and/or money.  The newest idea is proposed legislation that establishes a central Will repository, which is used in a number of other states.