Re: Fellow lawguru attorneys - ethics query:

What a great question.

At first blush the answer is it is your work product and they are only paying for, and their file is only the product. But, if you compare it to, for example, discovery, the electronic form may be required to be produced.

I ran a quick search, but could not find anything that I am certain is on point (see Rutter on Professional Responsibility Chapter 10 (there is some opinions saying attorneys impressions belong to client, and some say it not have to be provided to client-10:317). There is a section that DOES SAY electronic date must be provided, 10:319.5, but I am not sure it is exactly on point: "2) [10:319.5] Includes computer (electronic) files: On the client's request, a terminated lawyer must promptly release to the client electronic versions of e-mail correspondence, pleadings, discovery requests and responses, deposition and exhibit databases, and transactional documents. [Cal. State Bar Form.Opn. 2007–174; see also New Hampshire Bar Ass'n Ethics Opn. 2005–06/3; Ill. State Bar Ass'n Ethics Opn. 01–01, 7/01]"

I would be interested in learing any cites the Ethics research people at the State Bar provide.

Regards,

Joel

Re: Fellow lawguru attorneys - ethics query:

State Bar Ethics opinion - http://www.calbar.ca.gov/calbar/pdfs/ethics/2007-174.pdf - but it is steeped in the language of termination of employment in a litigation setting. For a transactional attorney, when or if the attorney has been terminated at all is not always so clearcut (e.g., the project is over, but the client doesn't say, 'you're fired, we're never using you again, give us our file' - instead, he says, 'thanks' perhaps to come back one day for more work, or perhaps not).