Legal Question in Wills and Trusts in California

case file

I requested several times for my attorney to give me the case file. He has not responded. What should I do?


Asked on 12/04/07, 7:47 pm

5 Answers from Attorneys

Scott Schomer Schomer Law Group

Re: case file

File a complaint with the California Bar Association. On something like this, the Bar frequently acts very quickly.

Best of luck.

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Answered on 12/04/07, 7:59 pm
George Shers Law Offices of Georges H. Shers

Re: case file

Write him a short note that your understanding is that the California State bar rules require him to return the entire file to you ASAP and that their can be sanctions imposed by the Bar against him if if does not respond. It is very possible that his failure to respond thus far might be enough to make the Bar interested in the matter. After 1-2 days for the letter to get there, call the attorney's secretary to confirm that it was received and that the attorney is not out of town or otherwise not able to read and act upon the letter. If she says he is in court, ask which courtroom number where and the case number so yo can look on line to see if that case is scheduled fr an appearance by anyone. Attorneys always tell their secretary to use that ruse if they do not want to speak to the client.

If that does not produce results within a few days, call the State bar and make a complaint. Then call the attorney and tell them t expect a call from the State Bar and would it not be better to tell the investigator when he calls that the file has actually already been sent to you.

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Answered on 12/04/07, 8:02 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: case file

If you have an attorney that is not responsive to your needs, fire the attorney and hire another. No matter what you signed, you can fire your attorney.

Get ab attorney you are more comfortable with and transfer the file. He or she will work in out with the old attorney.

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Answered on 12/04/07, 8:13 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: case file

The other responses are appropriate, thought I'd add something to mix it up a bit.

Make an appointment to go pick it up. He may want you to sign a receipt before letting it go. Plus, he is not required to pay the delivery costs.

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Answered on 12/04/07, 9:56 pm
Scott Linden Scott H. Linden, Esq.

Re: case file

You're going to hate this answer....Hire another attorney. Also, file a complaint with the State Bar.

I know you probably hate every one of us by now, but you have little choice in the matter. What is the reason the attorney will not provide the file? Regardless of the reason, the client owns their file; the attorney can retain copies, but has to return the orginal file to the client, if demanded.

Scott

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Answered on 12/07/07, 6:35 pm


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