Legal Question in Wills and Trusts in California

living trust

I have been trying to get my living

trust from my attorney for months

now. I paid for and signed, he still

has the originals. I plan on contacting

the bar assocation. However, my

question is am I the one that keeps

the signed originals??? why would

this attorney keep them and delay

sending them to me?


Asked on 7/28/08, 5:20 pm

1 Answer from Attorneys

Janet Brewer Law Office of Janet L. Brewer

Re: living trust

In California client files belong to the client, not to the lawyer (even if you don't pay!).

The practice on who keeps the signed originals varies - some lawyers like to keep the originals; others don't.

The lawyer might be keeping the originals hoping that you'll change your mind.

Do contact the State Bar if the lawyer doesn't give you the files. As a courtesy, I'd give the lawyer one last chance ... tell him/her when you plan to pick up the files and tell him/her that if they aren't ready, you intend to contact the Bar.

This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.

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Answered on 7/30/08, 2:41 am


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