It is not uncommon for clients to request a copy of their file from their attorneys. Sometimes, the situation in which such a request is made is a matter of completing the client’s records; other times, the client may be dissatisfied with the representation or the fee and is seeking an opportunity to review the attorney’s work. If the demand for production comes in the form of a subpoena from a third party, there can be additional stakes for the attorney’s timely and proper compliance.

Regardless of the reason, upon such a request attorneys are faced with whether and what to produce from the so-called client file. A typical client file may have copies of correspondence and pleadings, but it can also have nonpublic drafts, outlines, memoranda, research and internal communications. Some attorneys also place their handwritten notes inside the client file.