Legal Question in Legal Ethics in Oklahoma

if my attorney dies what happens to my file?

my attorney died unexpectedly last month. i have used him twice for criminal cases which are no longer pending. my question is what happens to the file he has on me and is it possible for me to pick it up? does it belong to me? i would really like to have all that information.


Asked on 6/19/04, 7:53 pm

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: if my attorney dies what happens to my file?

Every state has rules about attorney files and what must be given to the client [usually atty 'work product,--his impressions and research, drafts, etc.] are considered his not the clients. The rules also usually cover in the alternative how files are to be destroyed if clients don't want them. Serve a written request on his office for your file, if you want it, but first call your state Bar Association and ask what the rules are in this case. They should have an ethics officer who can answer your question.

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Answered on 6/19/04, 9:55 pm


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