Legal Question in Criminal Law in California

The attorney must return the file when the representation ends.

I understand your frustrations with the California State Bar. I've had them tell me before that 9 months was an acceptable time frame for a former attorney to give me the client's file, while the client was actively engaged in litigation. On another occasion, they have told me that 2 years was a reasonable time to get another client's file from his former divorce attorney. On this issue, the Bar has a lot of bark, and no bite.

California Rules of Professional Conduct, rule 3-700 subdivision (D) provides that:

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.