ca what to do if lawyer will not give you case file

If your lawyer simply doesn't want to hand the file over, you could have your new lawyer request it or file a complaint with the State Bar of California alleging that your old lawyer refuses to hand over your file despite having been asked many times. I agree with this answer Report Ali Shahrestani, Esq. Answered 5 years ago San Francisco, CA

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What can I do if my lawyer Won't give me my file?

Nov 22, 2016 · If your lawyer simply doesn't want to hand the file over, you could have your new lawyer request it or file a complaint with the State Bar of California alleging that your old lawyer refuses to hand over your file despite having been asked many times.

Does a lawyer have to return a client file in California?

Jan 28, 2014 · Demand the file and originals. Tell him that you will file a complaint if he doesn't give them to you. Then do it. Good luck! I am an Attorney-at-Law, licensed to practice law only …

Can my attorney refuse to return my file?

The lawyer you had is no longer representing you and does not have a duty to help you with your case any longer. You can hire a new lawyer later, or the same lawyer again, but that would …

What should I do if my lawyer does not respond?

Jan 14, 2019 · If you’re a California lawyer, it is your obligation to return the client file as defined by the State’s Rules of Professional Conduct. Talk with the client to figure out what they do or …

Does my attorney have to give me my file California?

Can you request your files from your lawyer?

What to do when your lawyer stops communicating with you?

What do you do when a lawyer doesn't respond?

How long do lawyers have to keep files in California?

How do you know if your lawyer is selling you out?

What is the most common complaint against lawyers?

What should you not say to a lawyer?

Can I sue a lawyer for lying?

Is it normal for lawyers to not respond?

How long should it take for an attorney to respond?

How often should I hear from my attorney?

How to get your former attorney to turn over your case?

Formal letter to your former attorney demanding he turn over the file. Contact the state bar for assistance. The actions you are alleging are likely a violation of the rules of professional responsibility. There are all sorts of ethics red flags from what you've described.

How to file a complaint against a man who doesn't give you the originals?

Demand the file and originals. Tell him that you will file a complaint if he doesn't give them to you. Then do it. Good luck!

What is a paralegal?

A: Paralegals, or legal document assistants, are a good resource for preparing the many forms needed in a family law case and other types of cases. BUT they have not been to law school. They are not qualified to give you legal advice and, by law, are not allowed to give you legal advice. They can only do what you tell them to do. They are not trained to spot potential problems. Click for more information on legal document assistants.

Can a family law facilitator help you?

A: Family law facilitators can help you with cases in other counties. But often they have to refer you to the facilitator in the other county because that facilitator will know more about how that local court works.

Can you sue a contractor for a construction defect?

For example, if you hired a roofing contractor to install a new roof, and the new roof leaked, you may be able to sue the roofing contractor without a lawyer or expert witnesses because you may be able to prove on your own that (1) you hired the contractor to install a new roof, (2) you paid the contractor, (3) the roof leaked, and (4) the leaks caused damage.

Can a title insurance company insure a property?

Also, even if you win , if you make a mistake in writing up the final order (in civil cases, the court generally does not prepare orders, it is up to the parties to do it), the title insurance company may not insure title, in effect preventing you, as the property owner, from selling or refinancing.

What is the rule for deposition transcripts?

The rule, Rule 1.16, clarifies this as “correspondence, pleadings, deposition transcripts, experts’ reports and other writings, exhibits, and physical evidence, whether in tangible, electronic or other form, and other items reasonably necessary to the client’s representation, whether the client has paid for them or not.”.

Do lawyers have to return client files?

While there is an attorney obligation to return the client file, that particular model rule tells us what to do, but it doesn’t really mention which documents or property the client is entitled to receive. So, how do you know what you should turn over as the client file when you’re a practicing lawyer in California? This post will help you figure it out.

Do attorneys have to return client files in California?

Remember that California Rules of Professional Conduct state that the attorney has an obligation to return the client file regardless of whether it is tangible, electronic, or in another form.

What to do if your lawyer doesn't respond?

If your lawyer does not respond, or subsequent meetings or conversations are not fruitful, consider suggesting mediation to work out your communication problems if you still want this lawyer to represent you. A bad deskside manner doesn't mean that the lawyer isn't an excellent lawyer, and it can be difficult to find a new one in the middle of a case.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What is the defense of a lawyer who is sued for malpractice?

A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.

What to do if your lawyer is unresponsive?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What happens if a lawyer doesn't return phone calls?

A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.

1 attorney answer

She has to return any documents that belong to you which you gave her. But she does not have to give you any other work product documents or internal documents that she generated. If you feel that she is refusing to return documents which you provided to her, then you should contact the Florida bar and file a complaint...

Ayuban Antonio Tomas

She has to return any documents that belong to you which you gave her. But she does not have to give you any other work product documents or internal documents that she generated. If you feel that she is refusing to return documents which you provided to her, then you should contact the Florida bar and file a complaint...

What to do if your attorney fails to comply with the law?

If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office.

What happens if an attorney doesn't surrender a file?

If the attorney doesn't surrender the file, then, I'd think that your next step would be a complaint to the Bar Association. Report Abuse. Report Abuse.

What to do if your attorney is in violation of ethics?

Your attorney may be in violation of attorney ethical rules. You should provide him one more opportunity to provide you copies of your file by making a written request. If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office. Report Abuse. Report Abuse.

What is a demand letter to an attorney?

Send a demand letter to the attorney requiring that he provide you your entire file. Client files are the property of the clients and attorneys may not withhold them including for non-payment of attorney fees. Under the Rules of Professional Conduct (RPC), rule 3-700 requires the attorney on termination of their representation to return all client papers and property on your request. Under RPC 3-500, an attorney is required to comply with reasonable requests for information and copies of significant documents when necessary to keep the client informed.

How to get a copy of a divorce case?

Send a letter to the attorney requesting a copy of the complete file. If Attorney refuses, make a complaint to your local county Bar Association.

Do lawyers have to provide copies of their files?

Your lawyer is obligated to provide copies of his/her file to you, for a reasonable charge.

When switching attorneys, do you want to have access to documents?

Particularly if you're switching attorneys in the middle of a dispute, court case, or other ongoing legal matter, you want your new attorney to have access to these important documents.

How to request a copy of a legal document?

You can ask your lawyer to send the files directly to you or your new attorney, in which case the safest way to make the request is in writing, via letter or email. Alternatively, you can pick up a copy of your file in person (but contact the office first, so that it has time to locate and review the contents of your file and make a copy for you).

How to be respectful of an attorney?

Be respectful of the attorney and professional in your communications; emphasize that the disagreement and decision are not personal.

Do you have to hand over documents to an attorney?

Upon request, an attorney is required to promptly hand over the contents of your case files. Under the American Bar Association's Model Rule 1.16 (d) (which has been adopted by most U.S. states), an attorney must, to comply with ethical and professional standards, " [surrender] papers and property to which the client is entitled and [refund] any advance payment of fee or expense that has not been earned or incurred" as soon as the representation is terminated.

Do you have to charge a fee for copying documents?

Your new attorney will want to communicate with that body and make sure it sends any new correspondence, such as motions from the opposing party, directly to the new attorney.) Your attorney should not charge you a fee for copying the documents in your file.

Do old lawyers deserve more money?

You may feel that your old lawyer doesn't deserve any more money. But you need to weigh these costs against the harm that could be done to your legal interests if your old lawyer acts in bad faith and holds documents hostage. It might be better to pay your bill in order to facilitate a clean break of the relationship.

Can an attorney hold a file hostage?

In addition, realize that the attorney does not have a legal right to hold files hostage because you owe him or her money. (Any bill collection issues will need to be separately addressed between the two of you.) If the attorney fails to turn over your documents in a timely manner, you can file a complaint with the local bar association or state disciplinary committee.