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Can an attorney use and misuse my documents? some attys wand to keep all documents/medical record before signing the retainer.

Los Osos, CA |

I interviewed an attorney today for an Auto accident injury, he photocopied the following important documents and kept them:
1. Police report of the accident
2. Third party insurance limits
3. Current correspondence with the adjuster of the third party
4. Demand letter of my prior attorney that was sent to the third party's insurance adjuster
He said that if I decided not to hire him he will return the documents. I did not sign any retainer's agreement. In the past some of the attorneys scanned the police report and the photos of the Auto accident and saved them on their computers. What do they have in mind and how will they use or abuse it? On the police report it is clearly stamped CONFIDENTIAL , any unauthorized person in possession of the police report would count as a misdemeanor.

Attorney Answers 2


You should have absolutely no concern. Anything communicated to an attorney even in an initial consultation is confidential and cannot be used, misused or released. The initial review of documents is usually as much or more important than whatever the prospective client has to say because the prospective client may frequently fail to appreciate the significance of some of what the documents may reveal or even fail to reveal.
Disclaimer: California attorney Robert Miller has practiced for over 45 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

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I would not be concerned about your attorney misusing this information. I and other attorneys collect this information from clients to take a good look at the case and determine it's merits. Attorneys have strong ethical standards and good ones have great data control.

If you would like free second opinion give me a call.

William Ausman

The communication above is provided for informational purposes only. It is not legal advise and does not create an attorney client relationship with anyone. Please consider the information above and get competent legal advise from your trusted advisor.

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