Clients fire lawyers and vice versa. The rub comes when the former client wants the file and the lawyer won’t give it up. Sometimes it relates to outstanding fees, other times, hurt feelings are at the core of the dispute. Sorting out who owns what can be tricky. A recent American Bar Association opinion tried to offer some guidance.
In Formal Opinion 471, the ABA Center for Professional Responsibility surveyed the law as it exists in different states. The opinion notes that most states take the position that everything in the file belongs to the client. That’s nice, very black and white. Of course, that approach may still be overridden by the “retaining lien” regime which many jurisdictions, including ours, recognize. This allows a lawyer to hold client property until the bill is paid. One judge described it as “leverage.” Harsh but accurate.
