Legal Question in Legal Ethics in Ohio
How to get papers/court documents from attorney?
My friend who has been incarcerated for 6 years would like to get all of his papers from his case. The attorney will not give his mom all the papers from his case.
What do we need to do to get the documents from this attorney. He has promised his mom he would have them ready in 2 weeks, but then he will never answer phone calls. I even hand delivered a document he had notorized in prison to the attorney to return the documents and records to him but he has not done it. This has gone on for too long. I even talked to the attorney and he said my friend just needs to let him know who he wants him to give them to. But then nothing.......What can we do to get the documents and evidence?
1 Answer from Attorneys
Re: How to get papers/court documents from attorney?
The attorney needs to understand that this request is a priority that he or she must address. If your friend has already delivered to the attorney a notarized statement that instructed the attorney to turn the file over to a specific person, the attorney must follow those instructions. If I misunderstood what your wrote, then have your friend send a letter, certified mail, instructing the attorney to turn the file over to a specific person by a specific date.
Ifthat does not work, I would have your friend write one more letter stating that if the attorney has not turned the file over within two weeks of the date of the letter that your friend will file a grievance with the Office of Disciplinary Counsel.
Best of luck.
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