Legal Question in Personal Injury in Ohio

Can a lawer keep medical records after he drops the client? If the client requests copies of these documents? I'm sure there is a fee. Although, they should be able to give up these records, And if any, What records can be kept?

Asked on 7/08/10, 5:38 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

The client's file belongs to him, not to his former lawyer. The lawyer must give it to him if he asks for it. Unless speed is critically important, the lawyer can hold onto the file for a reasonable amount of time after receiving such a request in order to copy some or all of it. The lawyer cannot charge the client for making these copies unless their contract says she can.

The lawyer is generally allowed to keep copies (or originals, if the client doesn't want them) of any document in a client's file. But her duty of confidentiality continues after the attorney-client relationship has ended. So does her obligation to protect the attorney-client privilege. She will not gain the right to publish the contents of a client's file when their business relationship is over.

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Answered on 7/09/10, 1:23 pm

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