Legal Question in Legal Ethics in California
Is this right?
Can an attorney charge you for your file once he's withdrawn from your case?
2 Answers from Attorneys
Re: Is this right?
Once the attorney/client relationship has been terminated, the attorney is legally and ethically obligated to return the original file to the client. However, attorneys will often keep a copy of the file and it is perfectly permissible to charge the client the fee to have the file copied.
Re: Is this right?
I disagree with what Mr. Starrett says. If the attorney wants to keep a copy and you don't have an agreement (written or oral) that you should pay for the attorney's copy, the attorney bears the cost. If you want the file sent to you, then you pay for the postage or messenger. Otherwise, you can pick it up. You can let the State Bar know if the attorney refuses to return your file.