how to request your file for an ongoing case from your 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

Can I request a copy of my file from my attorney?

While you may not feel like your attorney is doing a good job, there are many things going on behind the scene in the first year of a lawsuit like written discovery and reviewing documents. It is always better to talk to your attorney first because they... Yes you may request a copy of your file.

How do I get my files back from my attorney?

Practical Aspects of Getting Your Files Back From Your Attorney 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.

Can a solicitor hold a client’s files pending payment?

This is the ability of a solicitor to hold property belonging to the client (such as files) pending payment of their fees – it is long recognised right in common law but also embodied in the Solicitors Act 1974 (s73 (1)).

Can a lawyer forget to update you on the case status?

Sometimes the lawyer may forget to update you on the case; this may lead to a problematic situation under certain circumstances. Write a letter to your lawyer enquiring about the case status or you can even write an email regarding this.

How often should I hear from my attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.

What to do when your lawyer stops communicating with you?

If you have called your attorney, left messages, sent emails, and you still haven't heard a response, the best course of action is to send a certified letter to his or her office questioning the failure to communicate and informing them that you are prepared to find a new lawyer if the situation does not improve.

What can you do if your lawyer is not responsive?

If your lawyer still does not respond, you can send him or her a letter explaining the communication problems. If at this point you do not hear anything from your lawyer, you should consult with a legal malpractice attorney.

Is it normal not to hear from your attorney?

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.

How do I ask my lawyer for an update?

AnswerRaise the issue early on. Establish, in advance, a clear understanding about case updates. ... Be reasonable. A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal.

How long should a lawyer take to respond?

A: 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.

Why do attorneys take so long to respond?

Sometimes, lawyers take a bit longer than usual to respond because they are away from their office or traveling for business. If you have not heard back from your lawyer within 48 hours of sending them an important email, you should send another email just asking if there is any news or status about your case.

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

Is no news good news from your lawyer?

The bottom line is that this is generally one of those cases where “no news is good news” because it means your attorney is working on your case. The only time you should get concerned is if you need to speak to your attorney and you cannot get through nor have you received a return call.

Do you have to redact a witness's name?

Yes, you have the right to a copy. The PD would have to redact it first (delete any witness names/addresses) and give it to you. Good idea to look for a private attorney, as PD's are so overburdened with an unmanageable caseload that they cannot give your case the individual attention it deserves.

Can a criminal case be seen by an attorney?

There are issues with seeing your criminal case file. Attorneys are not allowed to reveal identification of certain individuals. However, if you don't trust your attorney, or if you just want someone to work with of your choosing, hire private counsel and the Public Defenders file will be turned over to the new attorney. If you just want to review the charges, you can always have the County Criminal clerks office make you a copy of the Courts file.

Can an attorney redact a report?

They may have to redact portions of the reports since an attorney cannot release information about victims and witnesses. Request it from your public defender. From there, you can review it yourself or seek a new attorney... and having the reports will help in consulting with a new lawyer. Report Abuse. Report Abuse.

Do you need a copy of a case file to be made in writing?

Most public defenders require a request for a copy of a case file to be made in writing. Before you get the file the public defender will remove any of the notes that anyone in the office made and will black out information on any witnesses. For the reason you want the file the copy you receive will not answer your questions. You should contact the public defenders office and request to speak to the attorney handling your case.

How to find out my status of my case?

You can also call over the phone directly to find out the status. It is advisable that you seek the information in writing by letter or email, so that the lawyer can provide the information after finding out the status and once given in writing he will not be able to deny it later. Following samples of letters are for your reference.

Why is it important to keep a tab on your legal case?

It is always important to keep a tab on your legal cases pending in a court of law or in any other legal forums. Sometimes the lawyer may forget to update you on the case; this may lead to a problematic situation under certain circumstances.

Can an attorney hand over a court case?

Your attorney is required to hand-over your files at your request. This is very reasonable, and since you spent 5 months in jail, it sounds like a good idea to have someone look at it for a potential appeal or further legal action.#N#Additionally, You can always go to the court and ask for copies of the court's file. It...

Can a lawyer get a copy of a case?

You are entitled to your file, the lawyer you are having review your case can certainly get a copy. Worst case scenario you can get a copy of all filings from the court and all discovery from the DA.

Can an attorney give you a copy of the docket?

You can also go to the courthouse and ask for a copy of the docket and everything inside of it. You may have to pay for those copies. 0 found this answer helpful.

What is the right of a solicitor to hold property?

This is the ability of a solicitor to hold property belonging to the client (such as files) pending payment of their fees – it is long recognised right in common law but also embodied in the Solicitors Act 1974 (s73 (1)). If you are instructing replacement solicitors, then usually the new solicitors will offer to preserve ...

How long do you have to verify your SAR?

Each firm should have a policy on SARs, but they may need to verify your identification before comp iling within the one month deadline. If the firm fails to comply or properly comply with your SAR, you can refer the matter to the Information Commissioner’s Office.

How to comply with a SAR?

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 request a copy of my documents?

It is not unusual once you have instructed a professional, such as a solicitor, to want a copy of your files, especially if you think something has gone wrong. However, you may not be aware of the limitations on what, when and how you can request a copy of your files.