How can I get my previous lawyer to turn over my file to my new attorney?

Asked about 4 years ago - San Diego, CA

Despite submitting a Change of Attorney form with the courts for my upcoming trial, my old lawyer is refusing to give my file to my new counsel. The agreement I had signed stated that he would turn everything over within 72 hours. It is well past, and we even sent a clerk of the court over in person to retreive it, to no avail. If we request a subpoena, how long will this take? Can I file a grievance against him? (I switched attorneys because I felt his behavior was unethical and not in my best interest.)

Attorney answers (1)

  1. Steven Alan Fink

    Contributor Level 20

    Answered . File a complaint with the State Bar of California. See weblink. Let your new attorney deal with old attorney.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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