how do i request my files from my lawyer

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).

Full Answer

How do I get my attorney to give me my file?

 · Call the Washington State Bar Association or threaten the attorney that you will do so. They will probably help you get the file. Report Abuse VB Mr. Vincent J Bernabei (Unclaimed Profile) Update Your Profile Answered on Oct 25th, 2011 at 3:14 PM Your lawyer is obligated to provide copies of his/her file to you, for a reasonable charge.

What to do if my attorney refuses to return my file?

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).

Will my attorney charge me for copying the documents in file?

 · It's better to dedicate your writing to the exclusive purpose of requesting your records. So, write your request in a simple letter or e-mail that only discusses one thing: your request for employee records. That way, your employer knows up-front what they are dealing with and they don't mistakenly miss the point of your request.

What should be included in an attorney's file?

There are usually forms available for this in local law libraries, from the court clerk’s office, or online. One thing to keep in mind is that you can only send discovery requests to the other party. If you need documents or information from a person, organization, or company that is not a party in the court case, you might need to get a subpoena from a judge.

Can my attorney refuses to give me my file Florida?

In appropriate situations, however, an attorney is entitled to refuse to provide copies of material in the file and instead may assert an attorney's lien.

Why do lawyers ignore you?

If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.

Does my attorney have to give me my file 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.

Can I get my file from my solicitor UK?

Therefore, a solicitor can decline any request for a 'file' of documents and only provide those which the client is actually entitled to.

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•

Is it normal to not hear from your lawyer?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.

What do we call it when an attorney keeps a client file until the lawyer is paid?

The "Retaining Lien" - until your client pays her bill, you have all of the client's property in your possession; and. 2. The "Charging Lien" - often applied in contingency cases, many state statutes would entitle you to a portion of a monetary judgment resulting from your work.

How long do lawyers have to keep files in California?

While required retention periods of no more than three years are most common, California law imposes requirements of as long as eight years for certain employment records and six years for certain tax and corporate records.

How long do lawyer's have to keep files in California?

five yearsThe Los Angeles County Bar Association (LACBA) reached the conclusion that a civil attorney should retain potentially significant papers and property in the former client's file for at least five years by analogizing to Rule 4-100(B)(3) of the California Rules of Professional Conduct, which requires an attorney to ...

Does a solicitor have to give you your file?

In most cases, the easiest way to comply with a SAR is to send you a copy of the whole document containing the information, but you should be aware that this is not a legal obligation. A solicitor could just summarise to you the information held and processed without actually providing you any of the documents itself.

Can a solicitor withhold information?

The majority of solicitors and employees in law firms understand that they are under a duty to protect confidential information relating to their relationship with clients.

How long should a solicitor keep my file?

The Limitation Act 1980 (Section 2(j)) states that the primary limitation period is six years in which an action in tort can be brought. As a result many solicitors view the minimum period that any file should be kept for as six years, as most claims are made within this period.

How long should a lawyer take to respond?

24-48 hoursA: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.

What to do if your lawyer will not call you back?

Lawyers: A Client's Manual by Joseph McGinn tells the steps to use if you've reached the point of no return:Tell your lawyer directly and give your reasons.Send your lawyer a letter of dismissal and retain a copy.Arrange to pay any outstanding charges.Pick up the file as soon as possible.Select another lawyer.

Why do lawyers take so long to settle a case?

Once a case gets filed in court, things can really slow down. Common reasons why a case will take longer than one would hope can include: Trouble getting the defendant or respondent served. The case cannot proceed until the defendant on the case has been formally served with the court papers.

How often should your lawyer update you?

Once a month is a good rule of thumb if things are slow, but if you are preparing for trial or in my case an administrative benefits hearing, the contact with you and your attorney should be more frequent and specifically scheduled.

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).

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.

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 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 give consent to a lawyer to text you?

You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary.

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.

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.

How to request employee records?

A request for employee records should be in writing. Although some statutes allow for an oral request for records, ( ( See, e.g., Labor Code, § 226, subd. (c).)) putting your request in writing helps ensure that you have evidence of your request if you need to enforce your rights later. For the same reason, you should make sure that you have a copy of the request that you send. A "writing" for these purposes can be an e-mail, a letter, or even a fax.

Why do you need to put a request in writing?

(c).)) putting your request in writing helps ensure that you have evidence of your request if you need to enforce your rights later. For the same reason, you should make sure that you have a copy of the request that you send.

What is the number to call Optimum Employment Lawyers?

If you have questions about what is happening at your workplace, please call Optimum Employment Lawyers at (949) 954-8181 for a free and confidential consultation to determine your legal options.

How long does it take to get payroll records?

Please provide these documents as soon as possible, but not later than 21 days from the date of this request for my payroll records and 30 days from the date of this request for the remaining records.

How long do you have to respond to a payroll request?

An employer must respond to a request for personnel records relating to your performance no later than 30 days after the date your employer receives your request. ( (Labor Code, § 1198.5.)) Employers have only 21 days , however, to respond to a request for payroll records. ( (Labor Code, § 226, subd. (c).))

Can you express yourself disrespectfully to your employer?

Never express yourself in a disrespectful way to your employer or former employer —no matter how much they may deserve it. In some cases, these kinds of letters end up as exhibits in court. Saying mean or rude things in a letter only makes you look bad to a judge or jury.

What are the three categories of records that employees can request?

Generally, there are three categories of records that employees can request: Your personnel records that relate to your performance or to any grievance concerning you . ( (Labor Code, § 1198.5, subd. (a).)) Any instrument you have signed relating to the obtaining or holding of employment. ( (Labor Code, § 432.)) Your payroll records.

How to prove a case?

To prove your case, you sometimes need to get documents from the other party. You can use “discovery demands” to get the documents that you need from the other side , although the process can vary by state. A discovery demand is a written request for specific documents that the other party has in his/her possession. In certain cases, you might be able to write a letter to the other side and request the documents that you need. However, in more formal cases, you will likely have to draft more formal discovery demands. There are usually forms available for this in local law libraries, from the court clerk’s office, or online.

Can you send discovery requests to the other party?

One thing to keep in mind is that you can only send discovery requests to the other party. If you need documents or information from a person, organization, or company that is not a party in the court case, you might need to get a subpoena from a judge.

What documents must a lawyer surrender?

Applying Model Rule 1.16 (d), the ABA determined that the lawyer must surrender any materials provided by the client; legal documents filed with a tribunal (or those completed and ready to be filed); executed instruments like contracts; orders or other records of a tribunal; correspondence in connection with the representation (including emails retained according to the lawyer’s document retention policy); discovery or evidentiary exhibits (including interrogatories and their answers, deposition transcripts, expert witness reports and witness statements, and exhibits); legal opinions issued at the client’s request; and third-party evaluations or records paid for by the client.

What is the importance of responding to client files?

Responding promptly to requests for client files should be a top priority for the lawyer and his firm.

Do lawyers have to hand over documents?

Although lawyers retain billing and collection rights, they must hand over documents that have been served or filed in litigation matters, as well as items for which they agreed to advance costs and payments – even if the client has not paid for the work or items. In transactional matters, lawyers have a bit more leeway in withholding documents. While all work already paid for must be released, unexecuted documents that have no legal effect may be withheld if the client has not paid for the work.

Do lawyers need to provide drafts?

Thus, the ABA determined the lawyer need not provide drafts or mark-ups of documents to be filed with a tribunal; internal research memos and materials; a general assessment of the client or the client’s matter; internal conflict checks; personal notes, billing statements; and documents that might reveal other client confidences. The ABA added, however, that internal notes and memos, for which no final product emerged, may have to be disclosed if this would avoid harming the client’s interests. An example is the most recent draft of a document and the supporting research to help meet an imminent filing deadline.

What is the ABA model rule for a lawyer?

Applying Model Rule 1.15, the ABA determined that the lawyer must return all property that came into his possession in connection with the representation. This includes tangible personal property; items with intrinsic value or that affect valuable rights, such as securities, negotiable instruments, wills, or deeds; and any documents provided by the client.

What is the ABA opinion on return of client files?

In July 2015, the American Bar Association (ABA) provided further guidance on the return of client files in Formal Opinion 471, Ethical Obligations of Lawyer to Surrender Papers and Property to which Former Client is Entitled. The ABA noted that the lawyer must, at a minimum, turn over materials that would likely harm the client’s interest if not provided.

Do lawyers own their clients?

Lawyers might think they “own” their clients and their clients’ files. But clients are always free to fire their lawyers and get new counsel. And the file – at least the most critical parts – belong to the client.

Who can request a copy of personnel file?

Employer may have a designated representative present at the time of inspection. Copying records: Employee or former employee may request a copy of the personnel file. Employer can require the employee to pay reasonable copying costs.

How to get access to personnel files?

In these states, the only way to gain access to personnel records might be to file a lawsuit against the employer for violating other employment laws. For example, if you believe you have been discriminated against, you can file a lawsuit against your employer and request your personnel file through a legal process called "discovery." A lawyer can help you determine the best way to proceed.

How often can an employee inspect records?

Employee access to records: Current employee, or former employee terminated within the past year, is permitted to inspect records twice a year at reasonable intervals, unless a collective bargaining agreement provides otherwise. An employee involved in a current grievance may designate a representative of the union or collective bargaining unit, or other agent, to inspect personnel records that may be relevant to resolving the grievance. Employer must make records available within 7 working days after employee makes the request (an employer who cannot meet the deadline may be allowed an additional 7 days).

What are the conditions for viewing records?

Conditions for viewing records: Employer must make personnel file available at its place of business at a time convenient to employee and employer. Employer may have a designated representative present at the time of inspection.

Can an employee inspect a personnel record?

Employee access to records: Current employee, employee who is laid off with reemployment rights, or employee on leave of absence may inspect personnel record; employee's agent is not entitled to have access to records. Unless there is reasonable cause, employer may limit access to once a year.

Do you have to provide a written request for an employee?

Written request required: Yes. If employee makes an oral request, the employer must supply a form to make a written request.

How to find out what your current employer knows about you?

The best way to find out what your current or former employer knows about you, or what information might be passed on to potential employers, is to get a copy of your personnel file. Your personnel file can also become important evidence in a lawsuit against your employer for discrimination, wage violations, or wrongful termination.

How to request a copy of employee records?

Sending a certified letter with return receipt requested is an even more ideal way to obtain employee records as it leaves little room for an employer to deny that it ever received a request, and avoid penalties down the road.

How long does it take to get a copy of a payroll file?

An employer must respond to a request for copies of a current or former employee’s personnel file within 30 calendar days of receiving the request. Similarly, an employer must comply with a request for payroll records within 21 calendar days of receiving a request. Labor code section 432 is silent about the exact time that an employer has ...

How long does it take for an employer to respond to a payroll request?

With respect to your personnel file, your employer must respond your request within 30 days, and failure to respond can result in a $750 penalty, an injunction, and costs and attorney fees, that can be recovered by you in a civil lawsuit. Likewise, if your employer fails to provide you with the payroll records you requested within 21 calendar days, ...

How long does it take to get payroll records?

Arrangements should be made so that I receive all the payroll records within twenty-one days, and thirty days for all other records mentioned.

What is a sample letter for an employer?

Sample Letter. There is no magic language necessary to trigger an employer’s duty to provide you copies of employment records or allow you to inspect them. As previously mentioned your request should be in writing, should be simple, and to the point without making any admissions or providing any reasoning.

What is Personnel File?

Personnel file, meaning records that were used to determine your qualifications for employment, promotion, performance, termination, and additional compensation, or that relate to any grievance or disciplinary action involving you.

How long do you have to keep employee records?

What Employee Records Can I Inspect or Request Copies Of? Under the Federal Fair Labor Standards Act, every employer must keep payroll records, employment contracts, written, agreements, and employee notices for at least three years from the last date of entry. Employers must also keep basic time and earning cards, wage rate tables, work schedules, ...

How to get an itemized bill from a lawyer?

Make sure the lawyer agrees to provide itemized bills. If the lawyer agrees, then check your engagement letter or fee agreement. Be sure that this agreement states that the lawyer will provide you with itemized bills.

How long does it take for a lawyer to get an itemized bill?

The lawyer should get it to you within 10 days. An itemized bill should also contain a description of the work performed.

How to ask why you were charged for certain costs?

Call your lawyer up. You may have to speak to a secretary. Have the itemized bill in front of you and ask why you were charged for certain costs.

How much does a lawyer charge per hour?

Double check to make sure the amount you are charged is accurate. For example, the lawyer might charge $300 an hour. If they performed a half hour of work, then you should be charged $150.

How many associates should be assigned to a divorce case?

See how many people are working on your case. If you are going through a simple divorce, for example, then there shouldn’t be three or four associates assigned to the case.

How to check if filing fees were billed accurately?

You can check the court’s website to find out how much it costs to file a document with the court.

What to do if your engagement letter doesn't state?

If the engagement letter doesn’t state that, then don’t sign. Instead, call up the lawyer and ask that they include that condition in the engagement letter. If the lawyer won’t provide a written fee agreement, then you should look elsewhere for a lawyer. ...

How to clear up issues with a lawyer?

Often, a polite conversation with your lawyer can clear up any issues between the two of you. Remember, your lawyer has an incentive to keep you (a paying customer) happy. In some cases, simply making your attorney aware that there’s an issue is all it takes to resolve the problem.

What to do if you believe your lawyer is unethical?

If you believe your lawyer engaged in unethical conduct, you can file a complaint with your state bar association. The state bar association will investigate the complaint and take disciplinary action against the attorney if appropriate.

When does an attorney-client relationship end?

In most cases, an attorney-client relationship ends when the case is resolved.

What to do if you are prematurely ending a lawyer-client relationship?

Ask for a copy of your case file. If you’re prematurely ending your lawyer-client relationship, you’ll want to have your case file to show to your new lawyer.

How to terminate a relationship with a lawyer?

Always terminate the relationship in writing. Even if you fire your attorney in a verbal exchange, you should follow up by sending a written termination letter. Be sure to send the letter by “certified mail with return receipt requested” so there’s proof your lawyer received the letter. Taking these steps will ensure there’s no confusion about the status of the relationship.

Can you fire an attorney for unreasonable fees?

Unreasonable fees. The amount your lawyer charges for legal work must be “reason-able,” and you’re entitled to an accounting of the charges. You should probably consider firing your attorney if they’re unwilling to be transparent about the fees they’re charging.

What happens if your lawyer ignores you?

Lack of communication. Your lawyer must be willing and able to communicate effectively with you. If you ask for an explanation, your lawyer should provide it within a reasonable time. If your lawyer is ignoring you, it may be time to hire a different lawyer. Unreasonable fees.