Legal Question in Administrative Law in California

Re: Paying For Copies of Legal Files

Professional rule of Conduct 3-700 is most directly on point. Sub-section (D) of that rule states as follows:

"(D) Papers, Property, and Fees.

A member whose employment has terminated shall:

(1) Subject to any protective order or non-disclosure agreement, promptly release to the client, at the request of the client, all the client papers and property. "Client papers and property" includes correspondence, pleadings, deposition transcripts, exhibits, physical evidence, expert's reports, and other items reasonably necessary to the client's representation, whether the client has paid for them or not; and

(2) Promptly refund any part of a fee paid in advance that has not been earned. This provision is not applicable to a true retainer fee which is paid solely for the purpose of ensuring the availability of the member for the matter."

By denying you access to your file he is also prejudicing your rights in the litigation which is violative of the same rule of professional conduct. See http://www.calbar.ca.gov/state/calbar/calbar_extend.jsp?cid=10158 for more information, or call my office.

Re: Paying For Copies of Legal Files

If you can not get your attorney to immediately send you your file by citing what Mr. Lee has provided you and pointing out that he is going to spend more of his time on this then he wants to charge you, if you do not want to contact Mr. Lee, although you should even if just to thank him, give me a call and I can write a short, free letter to the attorney.