It is the stuff of attorney nightmares. You worked diligently for years for an ornery client, when the client comes into the office demanding her file so she can take it to her “new” lawyer. This situation generally involves a client who is unhappy with the work you did, perhaps even threatening to sue you for legal malpractice. Often the client owes fees or costs. The situation is always messy. The situation is stressful. A client may insist on receiving their file right then and there.
There are any number questions an attorney will have in these situations. Do I have to give the client the file even if they have not paid my fees and costs? What do I have to give them? Do I have to give the client paper copies or can they be electronic? Do I have to turn over my notes and other work product? Do I have to hand the file over immediately if the client insists on it?
