Legal Question in Family Law in California
I requested my complete file from my former divorce attorney and after months of waiting and not hearing from them, I told them I would file a complaint with the State Bar of California. After that I heard from them right away. However, now they want to charge me a "retrieving fee" because the file was in storage. Is this a legitimate fee to impose on me after I have already paid him in excess of $20,000. and he knows I know he cannot charge me a copying fee. So now I believe he wants to charge me a bogus retrieval fee and they waited until the day I was suppose to pick it up to tell me this. Can they do this to me? How can I get my file if I don't have the money and did not know there was going to be a fee.
2 Answers from Attorneys
He has a right to charge you a copying fee, and a retrieval fee, but not to condition delivery of your file on payment of any fees and charges. He must give you the file even if you dispute the charges and refuse to pay them. Then he has to decide whether it is worth trying to fight about the disputed charges. If you show up to get the file and he refuses to give it to you unless you pay, get the State Bar on the phone right then and there.
I agree with Mr. McCormick. He has to turn the file over to you when you demand it, and cannot refuse to hold it until his bills are paid. But he can charge you a reasonable retrieval fee, if the file was truly stored somewhere.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
