Legal Question in Legal Ethics in California
Hello, how long do attorneys have to hold on to a clients file for? If I can prove that my attorney
withheld important documents from me to see is that non disclosure? If I lost $1,400,000 from the non disclosure can I sue my attorney for that amount? Thank you
2 Answers from Attorneys
The file belongs to you. You can request it at any time. There is no time requirement, but it's recommended that attorneys retain the file for five years, unless instructed by the client to either send it somewhere else, or dispose of it.
How long a file should be kept depends on the nature of the file. An estate planning file should be kept until the client dies. A file for a litigation case that settles and the settlement has been paid, should be offered to the client, and if they do not want it, may be destroyed at any time. If you can prove your attorney committed malpractice and that malpractice cost you money, you have grounds to sue.