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Unshredded case files in trash pose security threats

Client info with personal data appear to be from a local lawyer’s office.

Case files are strewn across a dumpster after people from the William Bowen law firm trashed them Friday, June 26, 2009. The files contain client information such as case information, correspondence, Social Security numbers, names and addresses.

Pat Auckerman/Staff photographer Case files are strewn across a dumpster after people from the William Bowen law firm trashed them Friday, June 26, 2009. The files contain client information such as case information, correspondence, Social Security numbers, names and addresses.

ENLARGE PHOTO

By Jessica Heffner, Staff Writer Updated 11:55 PM Saturday, July 4, 2009

MIDDLETOWN — Stacks of business and real-estate case files from a Middletown law firm were left unshredded in a public garbage dumpster June 26, making the Social Security numbers and other personal information on the documents accessible to anyone.

The files apparently came from the office of attorney William Bowen, 1 N. Main St. downtown. His firm handles bankruptcy, debt, business law and estate planning.

The Middletown Journal discovered piles of files containing case information, Social Security numbers, addresses and client correspondence in the dumpster without a lid in an alley behind the law office, accessible from Main Street and Central Avenue.

Many documents, mostly from the 1990s, were printed with the law office’s letterhead and some contained confidential, attorney-client privilege disclosures.

At least two people were observed inside the law office filling a large bin with more of the same sort of files and then emptying it into the dumpster.

Bowen said he had no comment on the disposal of the files.

According to Ohio Code of Professional Responsibility, attorneys are required to safeguard client property, including case records, during and after representation.

Even if a client tells his attorney to dispose of a file, the attorney is still required to safeguard the information during its destruction, said Arthur Greenbaum, a law professor for Ohio State University’s Michael E. Moritz College of Law.

“You go to lawyers for all sorts of personal matters,” he said, “and ... we simply have a rule that says all information is to be kept confidential.”

Butler County Prosecutor Robin Piper said that given the possibilities for identity theft, attorney-client files should be properly disposed of, and “putting (them) in a public Dumpster ... is not acceptable.”

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Document Consultant is correct.

Many people do not realize that it is easy,low cost and affordable to use a secure document destruction company.

There are many for profit companies but also some outstanding non profit organizations. One nonprofit that supports services for adults with disabilities is http://documentsolutions.org/

Either way be sure to shred old files and avoid the problems that come with improper disposal.

There are too many risk doing it the wrong way.

document shredder
6:09 PM, 8/25/2009

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I work for a secure NAID certified document destruction company. His actions are more common that one might expect. They could have been destroyed by professionals in a secure manner for very little cost. Everyone should ask their lawyers, doctors, insurance agents etc. how they dispose of personal information. Shredding it in-house does not offer adequate safeguards...let alone just throwing it away. One sheet of paper with very little info is enough for a criminal to ruin someone's life.

Document Consultant
2:41 PM, 7/8/2009

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To Larry:

Actually Larry it IS a public dumpster. I know a bit more about because I am in the neighborhood. And no, they didn't just happen to spy upon them doing this. In fact, it is the second incident of such a dump by this law firm. A neighboring business to the law firm called the paper in disgust because they were doing it again. The made MULTIPLE dumps...not just two or three. They FILLED the dumpster.

Lucas
8:19 PM, 7/7/2009

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I am pretty sure that was not a "public dumpster".
Don't think I have ever seen a public dumpster.
This story is a little weird, sounds like the crack staff at the Journal got a lead. Sounds like
the staff at the attorneys office were making a second trip when the "were seen" loading more files.

Larry
6:08 PM, 7/5/2009

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Replying to Art -

Why don't you reply to the issue at hand rather than changing the topic? The issue is an attorney improperly disposing of records with sensitive information - period. It was improper on so many levels. The issues you brought up are irrelevant and are a red herring to bypass the serious mistake the office of William Bowen made.

Rob
4:30 PM, 7/5/2009

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