Q: When you change lawyers, does the new lawyer need to subpoena the old lawyer to get my files?
I wanted to find out the process of getting my files to the new lawyer, in general.
Is that for me to have orchestrated?
Is there a time frame for that process?
More specifically, my current lawyer, who has shown multiple signs of questionable actions of "dropping the ball" among other things, is now claiming that my old lawyer never sent over my file.
I could maybe see how maybe they forgot, but why wouldn't the new lawyer follow up on that? I'm now almost 11 months in with new lawyer and they are claiming they have nothing from his files, which happened to have other subpoenas he did that would've been very useful now.
Was I supposed to have done all of the transfer of materials? The new lawyer had said that they would handle of that and he'll send the documents.
A:
In California, when you change lawyers, the new lawyer does not typically need to subpoena the old lawyer to obtain your files. The process of transferring files between attorneys is generally more straightforward:
1. The client should provide written authorization to the former attorney, requesting the release of their files to the new attorney.
2. The new attorney should then send a written request to the former attorney, asking for the transfer of the client's files. This request should include the client's written authorization.
3. The former attorney is obligated to promptly transfer the files to the new attorney upon receiving the request and client's authorization.
There is no specific timeframe for this process, but it should be completed within a reasonable amount of time, usually a few weeks at most.
In your case, it appears that there may have been a communication breakdown between your former and current attorneys. As a client, you are not responsible for physically transferring the materials yourself. However, you can help facilitate the process by ensuring that you have provided written authorization to your former attorney and confirming that your current attorney has sent a request for the files.
If your former attorney is not responding to requests or is causing undue delay, your current attorney may need to take additional steps, such as sending a formal demand letter or, in extreme cases, seeking a court order to compel the transfer of files.
It is concerning that your current attorney is claiming, after 11 months, that they have not received your files from the previous lawyer. You should discuss this matter with your current attorney and ask them to follow up with your former attorney to resolve the issue promptly. If your current attorney is not taking appropriate action, you may need to consider whether they are providing adequate representation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
