Sunday, February 24, 2013

Thankful For Hoarders



I don’t like doing housework.  I have tried hiring housekeepers, but only found that I had to clean the house the day before the housekeeper came so that she wouldn’t hurt herself tripping over stuff on the floor.  I don’t think my homeowner’s insurance would cover injuries sustained by a housekeeper.  And I wouldn’t want someone to get hurt because I left a shoe in the hallway.  Without a housekeeper’s impending visit to inspire me to clean up, I have found that things aren’t always as clean as they should be. 

My children shared my dislike for housework.  To get them to help me clean the kitchen, I had to threaten them with health department inspections.  “We’ll end up on the streets,” I’d say in a menacing tone.  “If you leave dirty dishes out, the health department will come and shut us down.”  While the threat motivated them to help with chores, it has had an unexpected negative impact on my children.  They are not afraid of policemen, dentists, or nurses with needles, but they turn pale and jittery when a public health sanitarian walks in the room. 

These days when I need something to prompt me to clean up, I just watch a Hoarders show.  I’m nowhere near as messy as the “stars” of Hoarders, but I know that if I don’t clean up soon, the TV cameras and psychologists may show up.  I’ve even taped some of the episodes in case the show gets cancelled.  Like the people on Hoarders, I hate to throw anything out.  I’m always afraid I’ll need it as soon as it’s gone.

A few months ago, I had a client who, like me, hates to throw anything out.  Her desire to hang onto things saved her license to practice as a health care provider.

My client’s licensing board sent her a letter threatening to take her license because of an event that had occurred almost 15 years ago.  Courts in other states have ruled that there is no time limit on claims filed by licensing boards.  I was concerned that any records that could exonerate my client may have been lost or shredded.  Just as my anxiety level began to soar, my client told me not to worry.  She believed she had copies of all the documentation related to the issue.

Shortly thereafter, she sent copies of every record that had anything to do with the event.  Those records proved that she had done nothing wrong.  I got the information to the licensing board and the Board dropped its case against my client.  

Some licensure disputes can cost thousands of dollars to litigate.  By hanging onto her records all those years, my client was able to resolve her problems with the Board for a couple hundred dollars. 

Laws require all of us to keep certain records for specific periods of time.  The IRS advises taxpayers to keep records for seven years.  But, taxpayers should note that the IRS can prosecute suspected fraud at any time. Lawyers must keep client files for six years after the client’s case is closed.  Dentists have to keep records for ten years.  Physicians may not ever destroy immunization records.  Hospitals must store medical records of an adult patient for eleven years after the patient is discharged. 

Professionals and businesses often keep records longer than required by state law.  They want to be sure they have necessary records in the event of a malpractice case or other lawsuit.  In North Carolina, most claims that can be brought by adults have to be filed within ten years.  It is wise to keep records concerning children at least until the child is twenty-one.

Because licensing boards can prosecute cases at any time, professionals should carefully consider how long to hold onto records.  Since we can store records electronically, we no longer need warehouses for paper records.  Yet, the dangers of electronically storing confidential information are significant.  In an environment where computer hackers can invade the Defense Department, White House and Federal Reserve, we have to admit that our efforts to protect information are unlikely to withstand an attack from a skilled thief. 

I started my law practice in 1981.  Until recently, I had never destroyed a client file.  Then, after considering the dangers of a confidentiality breach, I got rid of records that were more than ten years old.  Sure enough, it wasn’t long before a client I had represented in the early 80’s called.  She needed a copy of a traffic record in order to clear up a passport problem.  The DMV no longer had the record.  And, sadly, neither did I.  I’m not sure whether she was ever able to resolve the passport issue, but the experience taught me something important.  You see, I was right.  The minute you get rid of something, you find that you need it.