Legal Question in Legal Ethics in California

Is this right?

Can an attorney charge you for your file once he's withdrawn from your case?


Asked on 7/26/06, 4:21 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: Is this right?

Once the attorney/client relationship has been terminated, the attorney is legally and ethically obligated to return the original file to the client. However, attorneys will often keep a copy of the file and it is perfectly permissible to charge the client the fee to have the file copied.

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Answered on 7/26/06, 4:45 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Is this right?

I disagree with what Mr. Starrett says. If the attorney wants to keep a copy and you don't have an agreement (written or oral) that you should pay for the attorney's copy, the attorney bears the cost. If you want the file sent to you, then you pay for the postage or messenger. Otherwise, you can pick it up. You can let the State Bar know if the attorney refuses to return your file.

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Answered on 7/26/06, 4:50 pm


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