Legal Question in Wills and Trusts in Illinois

My rights when firing an attorney

My parents hired an attorney to prepare their Will & Trust. After 2 years and several attempts to contact the attorney there was no response. We hired a new attorney to take over the case. With detailed instructions agreed upon, the new attorney did not follow through and two months later the case has not progressed at all. I canceled the agreement with the new attorney in writing and requested to have my parents file of information back and a refund of the money. Attorney stated he would not release the file in case this goes to litigation. Does the attorney have the right to hold the information even after he has been fired? Can I request a copy of his notes regarding any work he has done on the case? If the attorney should hand over the file, how can I have him release the file?

Thank you.

Dorothy


Asked on 11/10/05, 9:34 pm

1 Answer from Attorneys
Cyndi Perez Trostin

Re: My rights when firing an attorney

I'm a bit confused over what you mean by "case."

Are you talking about an attorney who simply drafted the will and trust and is refusing to turn over the documents, or is there some kind of challenge to the documents, such as a will contest or probate action?

An attorney can not compromise a client's rights by hodling onto a file; however, the attorney is entitled to be paid for the work performed.

If you set forth some additional facts, I'm sure somebody will be able to give you a more complete response.

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Answered on 11/11/05, 12:33 am


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