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If I find that the lawyer I hired is not doing their job can I take the information they have?

Salt Lake City, UT |

I have had concerns about the time and attention my lawyer was giving to my case but today found out that they are holding up the payment of my claims with my medical carrier because they had not done enough research on what the auto company owed nor did they tell me that my auto was required to pay something. At first I appreciated their help but now realize I could have cleared all this up while I was injured, laid up at home. Can I move to another lawyer and take the information they have with me? They had an investigator interview witnesses and that is the only portion I want to take with me.

Attorney Answers 1

Posted

In Utah the client is clearly the owner of the client file. The lawyer has a duty to turn over the file to the client upon the client's request. However, the attorney has a right to lien the settlement with the insurance company for the reasonable work done on the case if the attorney has a lien provision in the attorney/client engagement agreement.

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T. Christian Burridge

T. Christian Burridge

Posted

Also, the attorney may have a right to lien the settlement for costs, i.e. the work done by the investigator hired by the lawyer if the attorney has an agreement with the client in the engagement agreement. But the client is still entitled to the investigators report.

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