who owns the client file lawyer or client

by Hilma Bogan V Published 2 years ago Updated 1 year ago 3 min read

Who owns the documents in a client’s file? The client? The lawyer? The ownership of documents arising out of a lawyer-client relationship is a matter of law, not a subject determined by the Law Society; however, the Law Society Rules and the BC Code include professional responsibility requirements for lawyers in relation to a client’s file documents and property. Document ownership has not received much attention in Canadian jurisprudence but is something that lawyers deal with regularly. For example, ownership is relevant to the distribution of documents and property when closing a file, transferring a file to a successor lawyer, undergoing discovery of documents, asserting a lien, and other situations. Some of the issues around ownership of documents are as commonplace as whether it is proper to charge clients for photocopying.

But it is settled in California that the client papers and property that the client is entitled to receive belong to the client, not to the attorney. (Rose v. State Bar (1989) 49 Cal.

Full Answer

Do client files belong to the client or the Attorney?

3. Colorado statutory law expressly provides that a certified public accountant owns his or her client file, Colo. Rev. Stat. 12-2-113 (absent a contrary agreement, working papers and documents created by the accountant for a client remain the property of the accountant).

Can I own documents that would normally be owned by a client?

The papers in a client's file belong to the client and must be released promptly to the client following termination of the attorney-client relationship if requested by the client. Rule 3-700 (D) (2), Rules of Professional Conduct of the State Bar of California. However, if the client does not request the file, the client's right to the file continues after termination of the attorney-client …

Who is the client's agent?

Mar 01, 2018 · A question many practitioners may face is who “owns” the documents and other material made and stored during the course of a representation: the client, the attorney or the attorney’s law firm?

Can a lawyer hold a client's property?

The original file of the client is the property of the client and not the lawyer. The file includes pleadings, discovery, correspondence, memorandum, research and even the attorney’s notes. In fact, the Supreme Court of Texas Committee on Professional Ethics ruled in only limited circumstances can an attorney refuse to provide a client with his notes and legal memos.

Are attorney notes part of the client file?

The client is entitled to all papers and property the client provided, all litigation materials, all correspondence, all items the lawyer has obtained from others, and all notes or internal memorandums that may constitute work product.

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.Jan 14, 2019

What is a lawyers obligation to their client?

These principles include the lawyer's obligation zealously to protect and pursue a client's legitimate interests, within the bounds of the law, while maintaining a professional, courteous and civil attitude toward all persons involved in the legal system.

How long does an attorney have to keep client files California?

five years

The 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 ...

Can you request your files from your lawyer?

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.Apr 9, 2015

How do I fire my lawyer in California?

Q: What do I do when I fire my lawyer?

Fill out the Substitution of Attorney-Civil (Form MC-050 ). ...
Have someone 18 or older, NOT you, mail the other parties a copy of the Substitution of Attorney-Civil. ...
Have the server fill out and sign the second page of the Substitution of Attorney-Civil (Form MC-050 ).

More items...

What is a lawyer's client called?

Client is the term in the US. In the case of a criminal charge the client might also be a defendant, and in the case of a civil court case the client might be either defendant or plaintiff.Feb 26, 2021

Can a lawyer deny a client?

Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter's rights.

What's the difference between attorney and lawyer?

For example in the US, an attorney is a general term for a lawyer that has passed a bar examination and can practice law in a particular jurisdiction. Attorneys act as lawyers but not all lawyers can perform the work of attorneys.Oct 22, 2021

How long do attorneys keep records 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 law firms need to keep files?

The Model Rules suggest at least five years. See Model Rule 1.15(a). Many states set this requirement at six years, and some set it even further out. However, for certain types of legal matters, you must keep the files even longer.Nov 27, 2019

How long do I need to keep client records?

Some suggest keeping correspondence and working papers for seven years, and keeping a permanent file if needed. Other members say they keep all of their client records going back as far as two decades, by scanning documents and destroying paper copies after two years.Apr 7, 2014

What happens if a lawyer doesn't turn over client property?

The failure to turn over client property can result in a civil lawsuit for conversion and breach of fiduciary duty. If your lawyer wants to keep a copy of the client’s file for his records, the copy must be made at the expense of the firm, not the client.

Do lawyers provide copies of client files?

Sometimes, lawyers will only provide a client a copy of the file or worse will not include all items of the client’s file. If this happens, you need an experienced lawyer to ensure your rights are protected.

Can an attorney refuse to provide a client with a memo?

In fact, the Supreme Court of Texas Committee on Professional Ethics ruled in only limited circumstances can an attorney refuse to provide a client with his notes and legal memos. The only time a lawyer may refuse to produce his work product is when: 1) the lawyer has a lien on the file for money owed; 2) a court orders the lawyer to withhold ...

Who would be the client in a letter received from a third party?

letters received from third parties by the solicitor on the client’s behalf had been received as the client’s agent and would therefore belong to the client.

Who has the power to order a solicitor to deliver up a client's papers notwithstanding the existence of

a court has the power to order a solicitor to deliver up a client’s papers notwithstanding the existence of a lien (see s68 of the Solicitors Act 1974); and

What is a lien in a solicitor?

At its simplest, a lien is a right which a solicitor can exercise to keep a client’s property (for example papers, files, documents and deeds that belong to the client and that the solicitor has received while representing the client) until such time as the client has paid the solicitor’s fees and disburse ments.

What is the importance of the exercise of a lien?

The next point is, it is important to bear in mind in relation to the exercise of the lien is that the right is only for the solicitor to hold the papers or file pending payment of costs and that the solicitor cannot have a better right to the papers than the client themselves would have had.

Why can't a solicitor answer a subject access request?

The second issue that arises is in relation data protection and whether a solicitor can refuse to answer subject access requests because they can claim a lien over an individual’s legal file. The position under the Data Protection Act 1998 was that the Act took precedence over the lien.

What is a general lien?

The lien with which we are concerned here is the general lien; the right at common law, as Halsbury expresses it, “to retain goods for which charges have been incurred until those charges are paid.

What is a copy letter created on the file by the solicitor?

copy letters created on the file by the solicitor belonged to them so would not be ordered to be handed over to the client;

What does it mean to act as a professional adviser?

If you were acting as a professional adviser, ownership of the documents depends on the purpose of this relationship. If one of the purposes of the relationship was to create a document, the document will usually belong to the client.

Can you provide a copy of a document that you own to a client?

Documents include hard copy and electronic documents. You may provide a copy of a document that you own to a client if they make a reasonable request. For example, they may have mislaid a key document and be willing to pay a reasonable charge for a copy.

Can you own a document that would normally be owned by a client?

You may own a document that would normally be owned by a client if you can exercise a lien because of unpaid fees . You may also have to share a document if you are asked to give access to someone’s personal data contained in a client's file as part of a subject access request made under Articles 12 and 15 of the GDPR.