Occasionally, one of us will receive a subpoena for a present or former client’s file. Sometimes it relates to a claim by a present or former spouse of the client. Sometimes the inquiring party wants to see the legal bills the client generated. Other times, it is the government investigating civil or criminal claims against the client.
If the request concerns a present client, and the client is good at paying her bill, it is not uncommon that the lawyer will object and may litigate the discoverability of the file to the full extent of the client’s assets. But what if the client is a “former” one, and there is little or no hope of payment? What if the client will not cooperate? What if you can’t even find the client?
