We have withdrawn the service of our former attorney because of wrongdoing and excessive fees and hired another attorney. The other attorney has sent us a bill for the copies made. Is this common practice to do this when you change attorney's and the files are sent to another attorney? We were never informed that we would be billed for these copies by our former attorney so you can imagine the shock when we received a bill for almost $600.00.
Ethics / Professional Responsibility Lawyer
Many attorneys include a provision in their retainer agreement that you will pay for copying charges, but when it comes to returning the file of a former client, the copy is for the attorney's own use (since they are required to return the file to you). While the retainer agreement may state that you are responsible for the charges, most attorneys would not hold you to it. I would ask them to waive it. If they are withholding your file awaiting payment, then they may be violating your state's ethical rules.
Nursing Home Abuse / Neglect Lawyer
There are many attorney (most) that would not charge you for a variety of reasons, mainly to be decent and avoid headaches, help clients, etc.
There are others that may have in their RETAINER AGREEMENT a provision which allows for such charges.
You own the records, so they attorney must give them to you, and in most states cannot hold for payment
As the attorney in writing to kindly waive the fee for copying and see what is said
If your case involved the attorney retrieving records on your behalf it is customary to ask for the costs associated with those records back. Since the charge is very large I would assume that part of the cost is record retrieval expense being passed along
AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I provide are for general information only and are NOT INTENDED AS LEGAL ADVICE and therefore must not be relied upon. Legal advice must be based on the interaction between an attorney and client and specific exact facts and the law. I do not retain clients without a signed RETAINER AGREEMENT. The Avvo forum does not allow for the discussion and the interaction necessary to form a complete legal analysis. Therefore the answers given to any specific question would most likely be different if there was attorney-client interaction. The exchange of information through this forum does not establish such an attorney client relationship. An attorney-client relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged nor are they confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and statutory time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in the answers to any question, if you are an interested party you should promptly and personally consult with an qualified attorney for legal advice licensed in the proper jurisdiction. Finally, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.
1 found this helpful