Legal Question in Wills and Trusts in California
living trust
I have been trying to get my living
trust from my attorney for months
now. I paid for and signed, he still
has the originals. I plan on contacting
the bar assocation. However, my
question is am I the one that keeps
the signed originals??? why would
this attorney keep them and delay
sending them to me?
1 Answer from Attorneys
Re: living trust
In California client files belong to the client, not to the lawyer (even if you don't pay!).
The practice on who keeps the signed originals varies - some lawyers like to keep the originals; others don't.
The lawyer might be keeping the originals hoping that you'll change your mind.
Do contact the State Bar if the lawyer doesn't give you the files. As a courtesy, I'd give the lawyer one last chance ... tell him/her when you plan to pick up the files and tell him/her that if they aren't ready, you intend to contact the Bar.
This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.