Legal Question in Legal Malpractice in Oregon

According to the Oregon State Bar FORMAL OPINION NO. 2005-90:

ORS 87.430 creates an attorney�s possessory lien on client papers and property, and ORS 87.435 and 87.440 provide a procedure by which a client may file a surety bond and obtain discharge of the lien. If the

lien is otherwise valid and if the client has sufficient resources to pay the lawyer what is due but chooses neither to make payment nor to file a bond, the lawyer may lawfully withhold the client�s materials. If, however, the client does not have sufficient resources to pay the lawyer in full and if surrender of the materials is necessary to avoid foreseeable prejudice to the client, the attorney lien must yield to the fiduciary duty that the lawyer owes to the client on payment of whatever amount the client can afford to pay. Compare Annot, Lawyer�s Assertion of Retaining Lien as Violation of Ethical Code or Rules Governing Professional Conduct, 69 ALR4TH 974 (1989), and sources cited; Washington Formal Ethics Op No 181 (1987).

In other words, your friend is entitled to have the file promptly transferred to the new attorney, unless you friend still owes the first attorney for prior legal work. If your friend cannot pay that bill, she is still entitled to get the file.

And, no, the first attorney cannot charge your friend for copying the file.

The new attorney should be tasked with getting the file from the first lawyer.