It happens to every lawyer at one time or another. After months or years of loyal service, a client suddenly announces that she has found a new lawyer, and wants the case file transferred to that lawyer as soon as possible. This request raises a host of practical questions. What exactly is included in the “case file?” What must be given to the client, and what can be withheld? Who is responsible for the costs of sorting through and copying the file? What if the client has not fully paid for the lawyer’s services?
Indeed, few areas of professional responsibility law prompt as many inquiries from lawyers and clients as the seemingly simple act of surrendering the client file. These inquiries become particularly fraught when legal malpractice claims or fee disputes loom, and lawyers become concerned that the contents of their files will somehow be used against them in upcoming litigation. In this article, we will answer some of the most common questions clients and practitioners ask.
Who Owns the File?
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