QUESTION
Does the client have a right to his legal file if he terminates the attorney leaving a balance on his account?
Asked on May 07th, 2013 on Divorce - California
More details to this question:
A client is disappointed in his legal representation and terminates his relationship with his lawyer. He has paid most of his legal bill, but a small balance remains. Because of the nature of his case, he must find new counsel immediately. Does his former lawyer have a right to withhold the client's legal file untilmthe balance is paid?
13 ANSWERS
Criminal Defense Attorney serving Newnan, GA
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Weiss Law, P.C.
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In Georgia it is unethical for an attorney to withhold a client's file because money is owed, although unfortunately this seems to be a common practice.
Answered on May 20th, 2013 at 8:17 PM
No, but he can charge you for a copy of your file. Work with you new attorney on getting your file.
Answered on May 09th, 2013 at 9:44 AM
Yes. A former client has an absolute right to receive a copy of his file from his former attorney whether or not they have paid the account in full. You should consider contacting the Office of Professional Responsibility at the state bar offices if the file is not provided, and if the former client does not want to pay, or if he cannot pay the balance owing.
Answered on May 09th, 2013 at 9:44 AM
Absolutely
Answered on May 09th, 2013 at 9:42 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes he can keep the file until he is paid or arrangements are made with the new counsel to get paid from the proceeds.
Answered on May 09th, 2013 at 9:42 AM
No, the client is entitled to the file. You can request the assistance of the State Bar to get the file if it is not turned over immediately.
Answered on May 09th, 2013 at 9:42 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally not, an attorney must not impair the clients case.
Answered on May 09th, 2013 at 9:41 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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A lawyer is obligated to provide the client with the pertinent documents in the client's file.
Answered on May 09th, 2013 at 9:41 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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The former attorney cannot harm the clients case because of a nonpaid bill that attorney can be sanctioned contact your new attorney and have him ask for the file.
Answered on May 09th, 2013 at 9:41 AM
Yes. Your file belongs to you. If you contact the attorney he will prepare it for you and then you may pick it up. You will still owe the balance, but you are entitled to the file.
Answered on May 09th, 2013 at 9:40 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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No, call office of lawyer regulation if they won't release it.
Answered on May 09th, 2013 at 9:40 AM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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Short answer, No.
Answered on May 09th, 2013 at 9:40 AM
No the file belongs to the client.
Answered on May 09th, 2013 at 9:39 AM