QUESTION
How do I obtain copies of all documents in my case if the attorney refuses?
Asked on Oct 24th, 2011 on Child Custody - Arizona
More details to this question:
My case is over but I find that I do not have copies of some of the documents that my lawyer received from the other side and ones that we completed together. I am trying to complete my file. My attorney of record on the case refuses to speak to me or allow me access to the file. Is there anything I can do? I do not have the financial resources to get them from the court because of their research fees.
12 ANSWERS
Steven D. Dunnings
File a grievance with the State Bar.
Answered on Jul 03rd, 2013 at 2:36 AM
If you can't get them from your attorney, then the only place to get them is at the courthouse. You can try making an application to proceed "in forma pauperis" meaning you have no money and ask that the fees be waived.
Answered on Oct 28th, 2011 at 12:09 PM
Glen Edward Ashman
You should report him to the state bar.
Answered on Oct 26th, 2011 at 12:13 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
at
Zahn Law Office
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The file legally belongs to you, not your attorney. If he/she refuses to return the file to you, then contact the State Bar to file a complaint.
Answered on Oct 25th, 2011 at 8:09 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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The attorney has no authority to refuse. She/He must return your entire file within a reasonable time even if you owe money. An attorney can not hold hostage your file.
Answered on Oct 25th, 2011 at 4:35 PM
Send a letter to the attorney requesting a copy of the complete file. If Attorney refuses, make a complaint to your local county Bar Association.
Answered on Oct 25th, 2011 at 3:23 PM
Is your case over? Are you ready to burn your bridges with this attorney? I ask these question because what I am about to suggest will end your relationship with this attorney. The lawyer has a duty to turn over the file to you (with a few exceptions). Therefore, if you make a written demand of him, he is required to give you the file. If the attorney doesn't surrender the file, then, I'd think that your next step would be a complaint to the Bar Association.
Answered on Oct 25th, 2011 at 3:22 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Your attorney may be in violation of attorney ethical rules. You should provide him one more opportunity to provide you copies of your file by making a written request. If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office.
Answered on Oct 25th, 2011 at 3:16 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Call the Washington State Bar Association or threaten the attorney that you will do so. They will probably help you get the file.
Answered on Oct 25th, 2011 at 3:15 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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Your lawyer is obligated to provide copies of his/her file to you, for a reasonable charge.
Answered on Oct 25th, 2011 at 3:14 PM
Business Law Attorney serving Lakewood, CA
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Law Office of James V. Sanchez
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Send a demand letter to the attorney requiring that he provide you your entire file. Client files are the property of the clients and attorneys may not withhold them including for non-payment of attorney fees. Under the Rules of Professional Conduct (RPC), rule 3-700 requires the attorney on termination of their representation to return all client papers and property on your request. Under RPC 3-500, an attorney is required to comply with reasonable requests for information and copies of significant documents when necessary to keep the client informed.
Answered on Oct 25th, 2011 at 3:05 PM
If your case is in Maricopa County, you can register for ECR (Electronic Court Record) to view/print copies of documents filed with the court in your case (pleadings and orders): https://ecr.clerkofcourt.maricopa.gov/Registration.aspx This would not include documents such as correspondence between the attorneys or documents exchanged as evidence/exhibits.
Answered on Oct 25th, 2011 at 3:01 PM