Legal Question in Wills and Trusts in Colorado

Elderly Parents Missed Deadline of Retiring Attorney

My elderly (85) parents received a letter dated September 10,

2003 that informed them their attorney would be leaving her solo

practice effective September 30, 2003 due to a change in her

personal situation. They did not contact her by the deadline and

my husband and I just found the letter on October 20, 2003.

This attorney set up trusts for them and handled some of their

investments and, of course, they have no idea about these things

and, apparently, no records. We have called the attorney's cell

phone number and used the e-mail address provided in the

September 10 letter.

What obligation, if any, does the attorney have to his/her clients

regarding the maintenance or return of records. Are they the

attorney's property or my parents'? Can they be destroyed by the

attorney and if so, is there a period of time that must expire after

the September 10?

Any information would be greatly appreciated since my parents

feel everything is under control and are not in any hurry to attend

to this matter.

Thank you.


Asked on 10/30/03, 12:00 pm

3 Answers from Attorneys
John Campbell Law Offices of John J. Campbell, P.C.

Re: Elderly Parents Missed Deadline of Retiring Attorney

Under Colorado law, the client's file is the property of the client and the attorney must turn that file over upon request, subject to cerain limited rights the attorney may have to assert an attorney's lien for unpaid fees. I recommend that you make an appointment with an attorney familiar with estates and with trust administration to help obtain and review your parents' documents and advise on what to do next.

Please feel free to call me if I can be of assistance.

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Answered on 10/30/03, 12:24 pm
The Harris Law Firm, P.C The Harris Law Firm, P.C.

Re: Elderly Parents Missed Deadline of Retiring Attorney

In Colorado there doesn�t appear to be a statutory requirement dictating how long an attorney must retain a client file however, the standard practice (here in Colorado) seems to be seven years. As for your parents� file, the contents of the file belong to the client. In fact, the attorney is prohibited from charging the client copying fees if, in fact, the attorney chooses to provide the client with copies of the file. THIS INFORMATION SHOULD NOT BE RELIED UPON AS LEGAL ADVICE.

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Answered on 10/30/03, 2:15 pm
Bernard Greenberg KOKISH & GOLDMANIS, P.C.

Re: Elderly Parents Missed Deadline of Retiring Attorney

You can obtain the records from the retiring attorney, although it would be unusual in Colorado if she retained any original documents.

Your parents should direct a certified letter to that attorney requesting that their file (if any) be returned to them.

If normal practice was followed, than your parents should already have their original documents and copies of them. The originals should have been stored in their safe deposit box or in a fire proof safe.

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Answered on 10/30/03, 2:24 pm


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