Legal Question in Business Law in California

An attorney will tell you the client data belongs to the client, and they have a right to it. The could bring a lawsuit for the return of this data. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Any original documents given to you by your client clearly belong to him and must be returned. Your work papers are a more difficult question. Practically speaking, if you don't release the file your client is likely file administrative complaints and/or sue you, all of which will take time and money to resolve. The real question is why you want to keep the file in the first place. It would seem that it is of no use to you. Is there some specific reason to be concerned? While you may want to keep a copy (which I would do if it were me), the only conclusion that will jump to the mind of an outsider is that either you have something to hide, i.e. you did something wrong and want to cover it up, or you are just doing this out of spite.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

Check with the California Board of Accountancy -- State Bar rules require lawyers in California to return client files, but it may be different for accountants (and is different for lawyers in other states, so you never know).