As an experienced Media Legal Malpractice Lawyer, I get questions all time from clients about how former lawyers will not give them back their client file. Oftentimes we’re contacted by clients who want us to look into a potential malpractice case but they don’t have access to his or her original client file. That creates a problem for the client and for us too. How can we evaluate your underlying case and the merits of your malpractice claim if we don’t have access to your client file? Luckily for these potential clients and all litigants actually, your client file is your property and that is governed by the rules of ethics, be it the standard rules or the state specific rules themselves. The client pays for the representation. That is part of the property for which they have paid. An attorney cannot wrongfully keep your file from you.
There is one small exception to that and it’s called an attorney’s lien. A lot of times the defendants in our malpractice cases try to hang their hats on this by saying you owe them money for your fees so they are able to retain your client file sort of as collateral. They are still not allowed to hold your file, in fact, it jeopardizes your ongoing litigation. If you hire your lawyer and then fire him and he refuses to return your file to you while you’re trying to hire another lawyer to continue the case. Nonetheless, your property is your property and that includes your client file.
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