Q: In California what steps can you take to get a copy of your case file if he ignores you?
I’ve dismissed my previous attorney of record for a civil case. I requested the case file but it is clearly incomplete. I’ve requested the rest but he is ignoring me. What steps do I take now? I do not have another attorney to replace him nor will I ever have a replacement.
A:
In California, if your former attorney is not responding to your requests for your complete case file, you have several steps you can take. Initially, send a formal, written request via certified mail, specifying the documents you believe are missing. This ensures there is a record of your request. If there's still no response, you can contact the local bar association for guidance. They may offer mediation services or have other resources to assist you.
If these measures do not yield results, consider filing a complaint with the State Bar of California. The Bar can investigate the matter and may help facilitate the release of your files. Ensure that you keep records of all communications and attempts to retrieve your documents, as these will be useful in your complaint.
Lastly, if necessary, you might consider seeking legal advice from another attorney regarding your rights and possible next steps. While you mentioned not intending to hire another attorney, a consultation could provide valuable guidance. Sometimes, just the act of involving another legal professional can prompt a former attorney to comply.
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.
