Legal Question in Intellectual Property in California
I filed a patent with a lawyer. He just notified me that he received a class action on that patent. I asked to see the paperwork and he will not give without hourly payment. Is this right? Or do I have a right to see the paperwork?
1 Answer from Attorneys
This question isn't quite clear to me.
You clearly have a right to see any paperwork in your file. The attorney, on the other hand, is entitled to compensation for his services. The attorney cannot withhold documents from you in order to induce you into an agreement for hourly services -- but if the attorney is performing services at your request beyond the scope of your retainer for the patent, the attorney is entitled to compensation.
I would hope your attorney would agree to let you come to his or her office and review the class action papers without charge. I would also think that the charges for copying and sending you the document would be relatively small. Without more information, it's hard to give you more guidance on this question.