Legal Question in Legal Ethics in California

Re: Can An Attorney Force Me To Pay For Copies of My Legal File?

I agree with both my colleagues.

As Mr. Starrett points out, the attorney must release your file to you, but, as Mr. Selik indicates, if there is a retainer agreement to the contrary, as far as costs of printing and copying, you would have a binding contract, as to the payment for copies, etc.

Re: Can An Attorney Force Me To Pay For Copies of My Legal File?

Unless the fee agreement provides otherwise, the file belongs to you and he has to pay for a copy if the attorney wishes to keep a copy.

Re: Can An Attorney Force Me To Pay For Copies of My Legal File?

Your attorney is violating Rule of Professional Condcut 3-700. Once the attorney-client relationship has ended, the attorney shall "promptly release to the client, at the request of the client, all the client papers and property." It doesn't matter if the client has paid the attorney or not.

There is nothing preventing the attorney from making, and retaining copies of papers released to the client, nor is the attorney prohibited from making a claim for the recovery of the attorney's expense to make the copies.