i have no documents for the lawyer what do i do

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.

Full Answer

Do you need an attorney to file legal documents?

Create Legal Documents On Your Own and Save Money Not every legal situation requires the services of an attorney. Sometimes the situation can be resolved simply by creating and filing the proper legal forms.

What happens if a lawyer does not file documents on time?

Often, there are deadlines by which documents must be filed. Even when there are no fixed deadlines, a lawyer’s delay in filing certain documents can permanently impair a client’s rights. You might wonder why a simple failure to file a document “on time” could destroy your rights.

Do I have to get my Attorney's Office notes?

Other jurisdictions, such as Washington, DC, say that the client must receive the entire file, including attorney notes, opinions, and strategy information. Even if your state doesn't require your attorney to provide you with copies of the absolute work product, you can still request that your attorney provide it to you.

What can I do if my attorney won’t turn over documents?

(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.

What can be used as a legal document?

Good examples of legal documents would be an affidavit, assignment of partnership interest, minutes of shareholders' meetings, a mortgage agreement or a medical power of attorney - amongst many many others.

What documents do I need to prepare a lawyer?

Drafting Legal Documents: How to Keep It SimplePlan Out the Document Before You Begin. ... Write with Clear and Concise Language. ... Ensure the Correct Use of Grammar. ... Be as Accurate as Possible. ... Make Information Accessible. ... Ensure All Necessary Information Is Included. ... Always Use an Active Voice. ... Pay Attention to Imperatives.More items...

Can you request your files from your lawyer?

Yes absolutely. It's your file. You can ask for a copy of any document or the entire file. Your lawyer's office could charge you a fee to copy the records, but most lawyers will do it for you for free...

What basic legal documents should everyone have?

Five Must-Have Legal DocumentsGuardianship Documents. ... Health Care Power of Attorney. ... Financial Power of Attorney. ... Living Will. ... Last Will and Testament. ... U.S. Legal Services Can Help!

Why do we need legal documents?

Legal documents are signed contracts between you and another person, business, or entity. They safeguard both parties' rights and obligations while offering some form of recourse if things don't go as expected.

How do you prepare documents for a case?

Preparing Your CaseStay up to date with your case.Find out your trial schedule.Read the complaint.Figure out which court rules apply.Identify and locate your evidence.Prepare your documents for trial.Find out more facts: use the discovery process.Identify and prepare any witnesses.More items...•

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.

How do I ask for a client file?

No matter who requests the client file, document the request in writing. Get the client's informed consent in writing, too. Have the recipient sign an acknowledgement that he or she received the materials, and be sure to keep a complete copy of the client file for yourself.

Are emails part of the client file?

All emails are printed and placed in the client's file. they end up in folders in Outlook, junking up memory. client. inbox into client folders.

What are the 4 must have documents?

This online program includes the tools to build your four "must-have" documents:Will.Revocable Trust.Financial Power of Attorney.Durable Power of Attorney for Healthcare.

What are considered important documents?

What Are Important Documents?Legal identification documents. Social Security cards. Birth certificates. ... Tax documents. Tax returns. W-2s and 1099 forms. ... Property records. Vehicle registration and titles. ... Medical records. Wills, powers of attorney or living will. ... Finance records. Pay stubs.

What are supporting documents?

Supporting documents are those trade, transport and official documents that either support specific statements made in the goods declaration, such as the commercial invoice (e.g. for the invoice amount, seller and buyer), the transport document (e.g. for the consignor, consignee, means and mode of transport) or the ...

Why do attorneys lose evidence?

For example, attorneys may lose evidence if they either fail to communicate directly with their client or with other parties in the case.

What is it called when an attorney fails to provide their clients with the utmost respect and effort they deserve?

This is known as legal malpractice. One of the worst things an attorney can do is behave carelessly, for when he or she does, accidents are almost certain to happen.

What are the categories of legal malpractice?

Categories: Legal Malpractice. Attorneys must be a lot of things: responsible, caring, dedicated, and organized, to name a few. Generally, attorneys live up to the expectation that they will do everything they can using their knowledge of the law to assist their clients with legal matters.

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 happens if someone owes you money?

If someone who owes you money files a bankruptcy petition, you will receive a notice requiring you to file a proof of your claim in the bankruptcy court. Even if you have no security interest—a lien or mortgage—in property owned by the debtor, there may be some assets that can be sold to pay part of the debt owed to you. If your lawyer fails to file this claim within the time provided in the notice, you will probably forfeit any amount that you otherwise might have recovered from the bankruptcy estate.

How to recover for malpractice?

To recover for malpractice, in addition to showing that your lawyer breached a duty owed to you by failing to file, you will also need to convince the court hearing your malpractice case that it was the lawyer’s failure to file—not any failure on your part or weakness in your case—that caused the har m you sustained .

What is legal malpractice?

Legal Malpractice. Much of the work lawyers do involves filing various documents. Often, there are deadlines by which documents must be filed. Even when there are no fixed deadlines, a lawyer’s delay in filing certain documents can permanently impair a client’s rights. You might wonder why a simple failure to file a document “on time” could destroy ...

How long does a tort claim have to be filed in Ohio?

However, some tort claims—notably legal and medical malpractice—have shorter, one-year time limits for filing.

What happens if my lawyer fails to file a motion for summary judgment?

If your lawyer fails to file such a motion, there is no penalty other than the cost and delay of a potentially unnecessary trial. However, if an opposing party files a summary judgment motion against you, your lawyer must file a written response within the time set by court rules or by the trial judge.

Why is filing a lease necessary?

Filing in a timely manner may be necessary to protect a person’s interest in a residential or commercial lease. Filing may also be necessary to protect a person’s or entity’s interest in an oil and gas lease, or in the oil and gas beneath a property.

How long do you have to appeal a judgment?

However, your lawyer must file a notice of appeal within 30 days after the judgment is final. Failure to appeal within 30 days terminates your right to appeal, regardless of how strong your case may be.

How long does it take for a trial lawyer to settle a case?

A really good trial lawyer is very selective about the type of client he accepts. A case like this will take two to three years to resolve one way or another.

What is client cooperation agreement?

One document you can expect to sign will be a client cooperation agreement. It's really a common sense document. It basically says 'You agree to cooperate with me in prosecuting your case'. You agree to provide documents within a reasonable time frame. You agree to return my calls within a reasonable time frame.

How long does it take for a divorce case to settle?

A case like this will take two to three years to resolve one way or another. Either by settlement or verdict or a judge throwing your case out. That means you'll be together for a long time. Your attorney wants to make sure you're a nice person. He wants to make sure he can get along with you for the next few years.

Can you add videos to your watch history?

Videos you watch may be added to the TV's watch history and influence TV recommendations. To avoid this, cancel and sign in to YouTube on your computer. An error occurred while retrieving sharing information. Please try again later. You want to hire a lawyer.

Does it matter how good your case is?

It doesn't matter how good your case is.#N#It doesn't matter what type of case you have.#N#I have made the decision not to work with clients who are obnoxious and nasty.

Matthew G Koyle

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!

Gary Ralph Ilmanen

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.

Matthew Ace Johnson

1. You are entitled to your file. There are a few reasons he may not want to return it. You may owe him money or maybe it demonstrates he made some huge mistakes like missing deadlines or overbilling you for work not done, or he lost it. You may have to pay for copies of the file. 2.

What is factual work product?

As a client, you're absolutely entitled to factual work product concerning your case, such as deposition testimony, correspondence, and court filings . These materials are crucial to getting your new lawyer up to speed on a case. For example, if you are in the midst of litigation but trial has not yet occurred, you will want all discovery, motions filed, and documents produced by the other side.

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.

Can I ask my old dentist to forward my X-rays?

If you've ever switched dentists, you may have faced the awkward situation of asking your old dentist to forward your X-rays and records to your new dentist. Switching attorneys presents a similar problem. If you are thinking about leaving your old lawyer for a new one—and there are several reasons you might choose to do so—one question you're ...

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.

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.