Legal Question in Legal Malpractice in Texas

If I must sever my relationship/agreement with a lawyer, am I entitled to all of the due diligence records and information found during "discovery" and all notes of the lawyer's pertaining to my case? I have a contingency agreement. My lawyer has violated one of the key covenants and I am considering canceling my agreement, but I am concerned I will not be able to recover all of the notes, discovery and findings the lawyer has in my case. Thanks!!


Asked on 11/30/09, 1:40 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

He won't give you all of his file notes, and probably isn't required to. These are "work product," and since you didn't pay him (so to speak), you aren't entitled to the notes.

He should give you all pleadings and discovery responses.

What he will give you (eventually - he'll drag his feet) will be a pile of unorganized papers that won't make any sense to you. And your new lawyer will spend hours putting them in order.

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Answered on 12/09/09, 12:32 pm


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