QUESTION
Is it legal for the office to withhold her file?
Asked on May 16th, 2013 on Divorce - Michigan
More details to this question:
A friend has fired her divorce attorney and will seek other counsel. She leaves a $300 account balance with her attorney. My friend protests the $300 as unreasonable, as no services were performed for this money. Must she pay to get her file?
5 ANSWERS
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No. Your client is entitled to her file. If the attorney refuses to provide her with a copy- then she can complain to the Board of Bar Overseers.
Answered on May 20th, 2013 at 8:45 PM
No. The law firm must turn over the file under 750 ILCS 5/508.
Answered on May 17th, 2013 at 1:45 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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She should probably pay, then sue to get the money back in small claims court and file a complaint with the State Bar. The important point is to get divorced and worry about the money later.
Answered on May 17th, 2013 at 1:45 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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As to the $300, it may depend on the specific language used in the Retainer Fee Agreement (assuming there is one). If there is no written retainer fee agreement, then she should be refunded that money. As to her physical file, the lawyer can ONLY charge "reasonable costs" for copying the file. I would kindly but strongly recommend your friend do everything in writing with her former lawyer. She may want to contact the Michigan Attorney Grievance Commission to assess all her options.
Answered on May 17th, 2013 at 1:44 PM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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If its necessary to have the file then the money should be paid. If she contests the charge she can file a fee dispute at the state bar, and get the monies later. Depends on how important the file is. Attorneys have a retaining lien on files as they are their work product. This means when a client owes money on the bill they can retain the file until the full amount is paid.
Answered on May 17th, 2013 at 1:44 PM