Legal Question in Legal Malpractice in California

When I hired my attorney, she asked me for certain documents, copied them and gave me back the originals. These documents along with all the documents involved in my case is considered my complete file, right? If I fire this attorney and hire another one, I notify my first attorney and ask them to send my complete file to my new attorney, right? Or does the new attorney call my first attorney and ask for my complete file? Could non disclosure be considered if my first attorney did not send some important documents in my file that would have changed the coarse of my case to my favor?Thank you


Asked on 5/25/11, 9:33 pm

1 Answer from Attorneys
Herb Fox Law Office of Herb Fox

The files maintained by your attorney are,as a matter of Sate Bar Rules, your personal property. When you change or fire an attorney, he or she must provide to you all contents of his or her files upon request. It matters not whether you request them personally or your new attorney requests them.

As for your second question, it is too vague to answer. You should direct it with more specificity to your new attorney.

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Answered on 5/26/11, 9:58 am


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