Legal Question in Legal Ethics in California

Can An Attorney Force Me To Pay For Copies of My Legal File?

I am in the middle of an ugly divorce. My attorney quit and will not allow me to have copies of my file unless I pay .25 cents per page and the time to copy at $150.00 per hour. Is this legal? Aren't I entitled to my records, free of charge? Is there a law that covers this sort of ''argument''?


Asked on 11/02/07, 1:53 pm

3 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Can An Attorney Force Me To Pay For Copies of My Legal File?

I agree with both my colleagues.

As Mr. Starrett points out, the attorney must release your file to you, but, as Mr. Selik indicates, if there is a retainer agreement to the contrary, as far as costs of printing and copying, you would have a binding contract, as to the payment for copies, etc.

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Answered on 11/04/07, 3:31 pm
Joel Selik www.SelikLaw.com

Re: Can An Attorney Force Me To Pay For Copies of My Legal File?

Unless the fee agreement provides otherwise, the file belongs to you and he has to pay for a copy if the attorney wishes to keep a copy.

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Answered on 11/02/07, 1:56 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Can An Attorney Force Me To Pay For Copies of My Legal File?

Your attorney is violating Rule of Professional Condcut 3-700. Once the attorney-client relationship has ended, the attorney shall "promptly release to the client, at the request of the client, all the client papers and property." It doesn't matter if the client has paid the attorney or not.

There is nothing preventing the attorney from making, and retaining copies of papers released to the client, nor is the attorney prohibited from making a claim for the recovery of the attorney's expense to make the copies.

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Answered on 11/02/07, 2:19 pm


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