Anaheim, CA asked in Legal Malpractice for California

Q: What can I do if my lawyer won't give me my file?

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2 Lawyer Answers
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: It depends on the situation. Lawyers generally have an obligation to hand over a client's file upon request, such as when the client fires them. It is possible that your lawyer may have a good reason for withholding your file, but I am struggling to come up with one off the top of my head. If your lawyer simply doesn't want to hand the file over, you could have your new lawyer request it or file a complaint with the State Bar of California alleging that your old lawyer refuses to hand over your file despite having been asked many times.

1 user found this answer helpful

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: There's no reason to justify a lawyer withholding client files. You can report this attorney to the Bar for an ethics violation. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor does it create any Attorney-Client relationship.

1 user found this answer helpful

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