Q: I want my case file from previous attorney (who I plan to sue for legal malpractice)
And I am going in there to hand deliver (with a witness going with me) a letter asking for it to be ready in 24 hours and that I am even willing to provide a copier to assist....anything to help him comply in 24 hours....is that legal? And can I videotape the response if I am in his law firms office?
I am certain I won’t meet with him personally....never did in the past 5 years....but this is regarding a civil suit now -not yet filed and I am INOT represented at this moment....but at the federal level he has already admitted to perjury , common procedure according to staff about forging client signatures, deleting of documents filed under declaration by an employee that he fired.
I am worried he will alter my case file if I allow more than 24 hr notice. And from experience I know he will lie about what happens when I go in there to ask for my case file.
Is it legal to record it on my cell phone?
24 hr notice reasonable? Considering he has admitted ro dicks alter
A:
YOU CERTAINLY HAVE A RIGHT TO YOUR FILE.
HOWEVER, A CASE THAT IS 5 YEARS OLD IS PROBABLY A VERY THICK FILE AND IT REASONABLY SHOULD TAKE MORE THAN 24 HOURS TO COPY IT.
IT MIGHT BE A GOOD IDEA TO RETAIN A NEW LAWYER FIRST IN CASE THERE ARE ANY COURT APPEARANCES OR MOTIONS THAT NEED IMMEDIATE ATTENTION.
I WOULD NOT TAPE CONVERSATIONS.
William John Light agrees with this answer
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