Legal Question in Legal Ethics in California
rules on attorney retaining file copy
My attorney wants to withdraw from a personal injury case.
(I don't think he's financially prepared to fulfill discovery needed.)
I wish to comply with his wishes, but, in a manner which won't jeopardise the case. (My injuries were extensive.)
I need my file to obtain new coucil.
My attorney will only release the file if I sign in in pro per and won't retain a copy for himself.
He has immediate appearances before the court and needs a file copy to intelligantly address them.
What are the rules
What are the rules on this?
It's too risky for me to be in pro per now,.
2 Answers from Attorneys
Re: rules on attorney retaining file copy
You didnt put your zip so i have no idea if you are near me.
Best,
Daniel Bakondi, Esq.
IMPORTANT:
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Re: rules on attorney retaining file copy
You're entitled to look at your file while he's still your attorney. If you substitute him out as your attorney, then you're entitled to the original file. If you don't allow him to substitute out, he will file a motion to withdraw. You don't want to keep an attorney who is unwilling to help you or who does want to do more work in your case.
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