Legal Question in Real Estate Law in California

Yes. You might give the attorney's office a call and make arrangements to pick it up, especially if it's too bulky to mail or ship. The attorney is not permitted to hold the file hostage to coerce your payment of any outstanding fees or costs from the case. Those are separate issues.

He doesn't have to give you his notes and research. He has to give you your documents such as contracts, deeds, wills, and copies of pleadings filed with the court. He must also turn over deposition transcripts, court transcripts, and discovery, along with responses. He must also turn over correspondence.

The attorney may, and probably should, make copies of the files to retain. However, the attorney cannot withhold the originals as ransom for payment of his bill.

The applicable rule is California's Rules of Professional Conduct 3-700(D). It requires return of "client papers and property" including correspondence, pleadings, deposition transcripts, exhibits, physical evidence, expert's [sic] reports, and other items resonably necessary to the client's representation, whether the client has paid for them or not.