QUESTION

Attorney "lost" husbands client file????

Asked on May 24th, 2017 on Civil Litigation - Texas
More details to this question:
So the case is closed but i requested Jason (my husband) Attorney client file from his ex attorney. He has avoided my calls to cell & office emails to 2 different emails & several text to his cell phone. Finally yestarday he answered was extremly rude says he has nothing for me i stated again what i wanted he goes yeah i lost it then hung up.... Like what am i suppose to do now? We NEED this file to proced with Jason appeal now its "lost".
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1 ANSWER

Appellate Practice Attorney serving New York, NY
I assume that you were acting on behalf of your husband, who was the attorney's client to whom he owed a duty.  I also assume that all amounts owing to the attonrey have been paid; if not, the attorney (at least in New York, and I doubt Texas is different) the attorney would have a retaining lien on the file and wouldn't be required to release it. You have every right to be angry at an attorney who lost the file, and perhaps to sue for malpractice (a very tough case, I am not recommending it) and/or file a grievance with the disciplinary committee, but that won't help you pursue your appeal.  However, you should be able to get whatever documents you need from the Court's file, which you should be able to obtain from the clerk of the court - an appeal has to be based on the record before the lower court, so anything that was not in the Court's file would probably not help you.
Answered on May 24th, 2017 at 11:26 AM

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