QUESTION
Can my attorney keep the original file copy of my DUI case?
Asked on Sep 13th, 2012 on DUI/DWI - New York
9 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I don't know why not unless you have fired him. You are entitled to get a copy.
Answered on Sep 27th, 2012 at 11:10 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You are entitled to either the original or a copy, at your expense.
Answered on Sep 19th, 2012 at 5:23 PM
Michael J. Breczinski
He can keep a copy for his records, whether the original or a copy does not matter.
Answered on Sep 19th, 2012 at 5:22 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes, but you are entitled to copies at your expense.
Answered on Sep 19th, 2012 at 5:22 PM
Michael Paul Vollandt
You own the file. The attorney can make copies but if you ask for your file they should in a reasonable period and give you the file. The attorney may ask for nominal copy fee lite Fifty Cents per page.
Answered on Sep 19th, 2012 at 5:21 PM
Yes. All you are entitled to is a copy.
Answered on Sep 19th, 2012 at 5:21 PM
Leonard A. Kaanta
I need more facts.
Answered on Sep 19th, 2012 at 5:20 PM
Tax Law Attorney serving Birmingham, AL
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Meadows & Howell, LLC
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This depends upon what you mean by "original file copy." Original copies of the Uniform Traffic Ticket Complaint and similar documentation that was produced by the police or by the court are not kept by your attorney; these are kept by the court. Your attorney likely has copies of them, but they are not the originals. You can always obtain copies of these documents from the court if your attorney does not have them. If you are referring to documentation which your attorney has created in anticipation of litigation, then the attorney may not be required to give you these documents that are considered "work product." Your attorney has the responsibility to give you all other documents in your file upon request, unless you still owe the attorney for work performed.
Answered on Sep 19th, 2012 at 5:19 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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You can have him return it to you if you'd like.
Answered on Sep 19th, 2012 at 5:18 PM