what to do if lawyer refuses to give you 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.

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What to do if a lawyer refuses to give you papers?

Nov 22, 2016 · It is possible that your lawyer may have a good reason for withholding your file, but I am struggling to come up with one off the top of my head. 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 …

Can a lawyer refuse to give a client a new file?

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 in the state of California. Unless we have both signed a formal retainer agreement, you are not my client, and my discussion of issues does not constitute legal advice.

What can I do if my lawyer Won't Let Me retrieve files?

Oct 24, 2011 · The lawyer has a duty to turn over the file to you (with a few exceptions). Therefore, if you make a written demand of him, he is required to give you the 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 can I do if my attorney won’t turn over documents?

If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance. If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file. Research

Can you request your files 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.Apr 9, 2015

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

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.Sep 27, 2018

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.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

Why do lawyers ignore you?

There's bad news your attorney doesn't want to deliver. 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.Mar 29, 2021

Is it normal for lawyers to not respond?

One of the most common reasons that lawyers fail to communicate with their clients is because they are simply too busy. If you feel like you are getting the runaround, it may be time to take a more direct approach and call your lawyer directly.Jul 10, 2021

How do you write a complaint letter about a lawyer?

Formal complaint against [name of lawyer or law firm] describe what the lawyer had been hired to do for you [for example dealing with the sale or purchase of a house] • say when this was [give the date or dates when the problem occurred]. My complaint is that [list what you think went wrong or wasn't done properly.

How do you know if a lawyer is scamming you?

Some common signs of a scam include:Payment needs to happen quickly. You can't ask questions or get clarification.It's an emergency. Someone may threaten you or your loved ones.Requests for money usually happen over text, email or phone.The person contacting you is not someone you recognize.Mar 29, 2021

Who or what regulates attorneys in California?

The State Bar ofThe State Bar of California's principal mission is protecting the public, primarily through a rigorous licensing process, regulating attorneys, prosecuting complaints of lawyer misconduct and promoting ethical conduct.

What are examples of ethics violations?

Ethics violations such as discrimination, safety violations, poor working conditions and releasing proprietary information are other examples. Situations such as bribery, forgery and theft, while certainly ethically improper, cross over into criminal activity and are often dealt with outside the company.Aug 14, 2015

What is an ethical violation?

Ethical Violations means cheating (including but not limited to self-kibitzing, collusive signaling and illicitly obtaining information about another party's hand through other means (such as hacking)) and such other ethical violations as may, from time to time, be promulgated by the USBF.

Can a lawyer be rude?

Rudeness isn't necessarily illegal Attorneys are people, too, so there will be days when they are stressed or anxious. They might be tired or frustrated. That doesn't excuse bad behavior, but it also doesn't mean that your attorney isn't putting their best efforts into your case.Sep 12, 2020

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 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 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 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.

Where to get Armand Fried?

Armand Fried (Unclaimed Profile) If you can't get them from your attorney, then the only place to get them is at the courthouse. You can try making an application to proceed "in forma pauperis" meaning you have no money and ask that the fees be waived. * This will flag comments for moderators to take action.

Can an attorney hold a file hostage?

She/He must return your entire file within a reasonable time even if you owe money. An attorney can not hold hostage your file.

What to do if your lawyer doesn't work?

If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.

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.

2 attorney answers

You can't prevent him from filing a motion to withdraw. The judge may not grant it if you are on your fourth attorney. The only entity that can hold the attorney accountable is the stat bar. I would send him a certified letter demanding a complete copy of your file...

Macy Michelle Jaggers

It depends on why your lawyer does not want to give you the documents. You may have a right to copies or there may be a court order preventing disclosure on third party privacy issues. You may be creating a conflict with your lawyer that will force the lawyer to withdraw.

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.

Herb Fox

Ms. Conan's response is incorrect. In California, the Substitution of Attorney form is the proper form for a party to replace his or her attorney in pro per in civil cases. There is no need for a motion (or court approval) once the client has terminated the services of the attorney, and the attorney has no discretion to refuse to sign the form.

Elizabeth S Conan

I believe that the form you used is for substituting attorneys, not for forcing an attorney to withdraw. In other words, I believe you have to first hire another attorney and have the new attorney information filled in on the form before you can request your former attorney to substitute.