Do I need to keep/ have the subpoenaed records and medical reports in my file that are at least 20yrs. old?

Asked over 1 year ago - Oakland, CA

My WC atty had asked that, due to lack of space, he would like to destroy old subpoenaed records and medical reports in my file be picked up or he can destroy them. They are at least 20yrs. old but my cases have not be settled as yet. Should I get them or should they be destroyed? The atty has also suggested he might be turning WC cases over to another attorney due to cutting back on his case load and semi-retiring. Wouldn't the new atty. need these files and reports?

Attorney answers (3)

  1. Robert Bruce Kopelson

    Contributor Level 20

    5

    Lawyers agree

    Answered . If you have the space, Id recommend you take them and keep them in a safe place. If new atty needs them you will have them to bring back.

  2. James Carl Eschen III

    Contributor Level 16

    5

    Lawyers agree

    Answered . I would definitely not destroy any records in an ongoing case.

  3. Jeffrey Ira Schwimmer

    Contributor Level 19

    4

    Lawyers agree

    Answered . Regardless of how old the records are, if they are relevant to an ongoing legal matter, they should absolutely be preserved, whether by you or by the attorney who takes your case over from the present one. As an aside, if he is withdrawing from representing you can choose the new attorney you want; you are not required to use whom ever he wants to send your file to.

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