Legal Question in Business Law in California
demand for immediate return...
I currently am exploring possible legal action against a former client due to non-pyament. I am in possession of documents I needed to perform my scope of services while I was still contracted by them. I have received a letter from an attorney requesting that I must return all documents immediately. Am I suppose to return these documents as it is record of the work I have done and further supports the fees of my invoices?
4 Answers from Attorneys
Re: demand for immediate return...
Run the specifics by an attorney and you will have the peace of mind that you are preserving your rights as well as meeting your legal obligations. Such counsel should not take long, nor be prohibitively expensive. In addition, I would consider it a good way to gauge the likelihood of success for your contemplated underlying legal action.
Re: demand for immediate return...
I would be happy to take a look at whatever invoices/documents you might be able or willing to fax or email to me. If interested, please respond to me by direct email (not by posting another question). In any event, never believe, or get your legal advice from, someone else's attorney.
Re: demand for immediate return...
Why not make photocopies for your records and return the originals?
Re: demand for immediate return...
I would advise caution about making or retaining copies.....ordinarily, this is good advice, but ask yourself, "Did I sign a confidentiality agreement promising not to make copies and/or to return the originals and all copies?" If so, you have a legal dilemma pitting your need for proof against your duty to return the documents.
You could also be under a duty to return anything that is a "trade secret" of the former employer or that has independent value (tools, software) or that has access or security implications (keys, passwords). If the decuments are medical records, there could be a patient confidentiality issue.
In the absence of a specific agreement regarding confidentiality and return, and if you have no thoughts of competing with the client based on these documents, I'd say you were reasonably but not 100% safe in making and retaining copies.
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