Q: My lawyer has been hospitalized. I need my corporate binder. Brother has the binder. Can he return it to me?
My lawyer has my company’s corporate binder in his house. He recently had an accident leaving him hospitalized for the past 6-7 weeks. He’s 79 years old and has been a family friend (and lawyer) for years. His brother (who I speak with regularly) has located the binder but wants to make sure that there’s no violations regarding handing this over to me. I haven’t been able to speak with my lawyer due to his hospitalization but don’t see any reason he’d object. I am current on all legal fees and have no outstanding obligations to him.
A: The person named as the "secretary" of the corporation has the legal obligation to maintain the official records formerly customarily kept in a corporate binder. If you are the corporate secretary and hired the lawyer to keep the binder, you have right to demand it regardless of whether you owe any legal fees or have any outstanding obligations.
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.