QUESTION
Does an attorney have to turn over all work product (e-mails) when a client request them to turn over to a new attorney?
Asked on May 08th, 2013 on Estate Planning - Michigan
13 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to ask your attorney the question as to whether your former attorney needs to turn over all emails re work product to your new lawyer.
Answered on May 10th, 2013 at 3:19 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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No, an attorney does not have to turn over what is called "work product" which would be things like the attorney's notes. He or she would however need to turn over any legal documents produced for the client. The client may need to completely pay their bill before receiving those documents.
Answered on May 09th, 2013 at 4:10 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Emails, yes. Work product, no.
Answered on May 09th, 2013 at 4:09 PM
Personal Injury Attorney serving Midvale, UT
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Arrow Legal Solutions Group, P.C.
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As an attorney has to give you a copy of your file. Contact the Utah bar if you can't get it. der.]
Answered on May 09th, 2013 at 4:07 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Not necessarily However if you request them the attorney should turn them over.. but you may have to foot the cost of producing the emails if they are not in a form that can be readily produced
Answered on May 09th, 2013 at 4:07 PM
2 Awards
Yes.
Answered on May 09th, 2013 at 4:06 PM
3 Awards
E Mails to whom? Emails to you have already been provided to you, thus they do not need to be provided again. Interoffice emails are Work Product, like the attorney's or other firm employee's notes, these do not need to be turned over. E Mails to the outside world , other than ones you have previously received, need to be turned over.
Answered on May 09th, 2013 at 4:06 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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So long as the attorney's fees have been paid, yes.
Answered on May 09th, 2013 at 4:04 PM
The attorney must turn over all documents that pertain to the matter but may retain his or her own notes unless the client is suing the attorney for some reason. The attorney's notes would be relevant material in that case.
Answered on May 09th, 2013 at 4:03 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, work product is generally not turned over.
Answered on May 09th, 2013 at 4:03 PM
Work product belongs to the attorney. However, what is work product is a grey and debatable area. E-mail probably are not work product unless they are e-mails solely within the attorney's firm and retained consultants. If you have a new attorney, they are the best person to work it out with your former attorney.
Answered on May 09th, 2013 at 4:03 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Work product may be confidential.
Answered on May 09th, 2013 at 4:02 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No. The file, perhaps, but not the attorney work product.
Answered on May 09th, 2013 at 4:02 PM