QUESTION
How do I request my entire file including engagement agreement, all correspondence between the two divorce attorneys and file?
Asked on Dec 23rd, 2012 on Divorce - Florida
20 ANSWERS
Divorce Attorney serving Southfield, MI
at
Do It Yourself Divorce, PLLC
Update Your Profile
Send a letter to your attorney and ask for it. The attorney is obligated to provide your filed to you minus his work product. However, your attorney can charge you a reasonable fee for copying the file.
Answered on Jan 02nd, 2013 at 2:35 PM
It is actually that simple. You have the right to your records, so you contact your attorney and request a copy of your file. They will probably charge you for copies, but they will give you the file. As for opposing counsel, your new attorney will request the necessary documents. Again, you will have to pay for the copies and for the time that your new attorney needs to review.
Answered on Dec 30th, 2012 at 9:31 AM
Whey there are two attorneys? Were both representing you? Legally, an attorney should not keep the file even client owes him/her money. You should send a letter and asked for your file to be returned to you, then call and make an appointment to get your file.
Answered on Dec 30th, 2012 at 8:58 AM
Gary Moore
You have two options. You can ask your attorney for your file or you can hire another attorney who would obtain the file for you.
Answered on Dec 30th, 2012 at 7:54 AM
Family Law Attorney serving West Bloomfield, MI
at
Law Offices of Eugene Lumberg and Eric S. Lumberg
Update Your Profile
Your new attorney will be able to get your file and all other paperwork.
Answered on Dec 30th, 2012 at 7:45 AM
2 Awards
Find a new lawyer first and have him/her get the material for you.
Answered on Dec 30th, 2012 at 7:40 AM
If you are wanting to change represenatation, you just need to ask your current attorney for a copy of your file. Some attorneys provide copies of all file documents as they are prepared/received, so if you have already received copies of documents from your attorney, he/she may charge you to provide an additional copy. If you have already selected a new attorney, the new attorney can contact the former attorney to arrange for the substitution of counsel and to obtain the file.
Answered on Dec 27th, 2012 at 2:43 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
at
Zahn Law Office
Update Your Profile
You contact your attorney, ask that services terminate and request your file. It is your property and you are entitled to it.
Answered on Dec 27th, 2012 at 1:22 PM
Divorce & Separation Attorney serving Baton Rouge, LA
at
George E. Downing, Jr. Attorney at Law
Update Your Profile
Mail a certified letter to your attorney and give him/her a few days to be able to get it copied.
Answered on Dec 27th, 2012 at 1:21 PM
Insurance Law Attorney serving Gainesville, FL
at
Steven Kalishman, P.A. Law Offices
Update Your Profile
You can request it from the attorney yourself, or have your new attorney do it for you.
Answered on Dec 27th, 2012 at 1:21 PM
All you need do is ask either orally or in writing. If you receive no response then you can pursue a complaint through the State Bar who will assist you in getting the files.
Answered on Dec 27th, 2012 at 1:21 PM
You have an absolute right to your file materials from your attorney once you sign a substitution of attorney form. If you are uncomfortable dealing directly with that attorney, the new attorney can handle it for you. Don't worry. Clients change attorneys all the time especially in family law cases.
Answered on Dec 27th, 2012 at 1:21 PM
My suggestion is that you let your new attorney do the requesting. It will save time and aggrevation.
Answered on Dec 27th, 2012 at 1:19 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
I suggest you send an email to your attorney requesting your file. If you still owe money, he or she has the right to keep it until paid.
Answered on Dec 27th, 2012 at 1:18 PM
Suzanne H. Lombardi
In Alaska you have the right to your entire file from your attorney's office. You are the client and the file is presumed to be yours. You cannot be charged to copy your file either. If your attorney now balks at giving you your file tell him to look at a recent Ethics opinion that says you get your entire file copied at no cost to you. If you need help with this any attorney you choose can assist you in this process.
Answered on Dec 27th, 2012 at 1:15 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
Sign a substitution of attorney making you your own attorney until you find a new one. Call your attorney tell him you want him to sign a substitution and ask for your file. Give him a few days or a week to have it ready for you.
Answered on Dec 27th, 2012 at 1:13 PM
Call your current attorney and request a copy.
Answered on Dec 27th, 2012 at 1:11 PM
Child Custody Attorney serving Ontario, CA
at
Law Offices of Sherrie L. Davidson LLC
Update Your Profile
An attorney is required to provide you with a complete copy of your file in a timely manner, usually within 10 days. Make the request on writing and give a specific date to comply by and follow up accordingly. This is mandated by the state bar.
Answered on Dec 27th, 2012 at 1:11 PM
Child Custody Attorney serving Milwaukee, WI
at
Zales Law Office
Update Your Profile
You simply ask your lawyer for it. They must give it to you. It is your file, not the lawyer's.
Answered on Dec 27th, 2012 at 1:10 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
Go to the clerk of the court and request that the entire file be copied. It costs $1 per page.
Answered on Dec 27th, 2012 at 1:09 PM