Re: turnover of file

Complicated question depending on the facts. The lawyer typically has what is called a "retaining lien."

Re: turnover of file

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The lawyer is required to return any original documents to the client that were provided by the client. All other materials including the lawyer's notes and work product remain the lawyer's and do not have to be turned over if there is a dispute. The lawyer's work is his/hers and as such, he or she can keep it until all services have been paid for.

Scott R. Jay, Esq.

Re: turnover of file

The lawyer can hold onto the file since it is his "property" due to the outstanding debt. However, if you have terminated your relationship with the lawyer due to his poor service, your case is still open and you obtaining a new lawyer and need documentation that YOU provided to the prior lawyer, have your new lawyer contact him to demand those items. Copies of documents filed with the court, etc., can all be obtained through the Court.