Legal Question in Real Estate Law in California

If one decides to use another attorney, are the documents generated up to that point yours, or must they be requested by the next attorney handling the case? In other words, is it appropriate to ask for any paperwork (or copies) to proceed elsewhere?


Asked on 2/28/10, 5:57 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The prior attorney, when officially relieved, must promptly turn over the file to whomever the former client directs. If the client has retained another attorney, and that attorney has been properly "substitutued in" as attorney of record when there is an open case before a court, it probably works more smoothly for the new attorney to make arrangements for the time, place, and method of "handing over" the file. If the client is going to be unrepresented, then the arrangements would be between the former client and the former attorney, and I think going to pick up the files is perhaps a bit more common than expecting the attorney to ship or deliver them, but either was works. The attorney must hand over the files, but sometimes this cannot be done instantaneously, and the outgoing attorney is entitled to a little time to make copies, (re)attach loose documents, etc. The attorney who has been relieved of responsibilities still has lingering duties to the court, the client and the case, and these include delivering the file in a condition and timely so that the client's interests are not prejudiced. Further, the file cannot be help hostage for payment of the attorney's bill.

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Answered on 3/05/10, 8:50 pm


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