My personal injury case in California was settled out of court can my lawyer charge me for my file (copy)

Asked over 2 years ago - Temecula, CA

He wont release the file to me unless I pay a fee, I thought the file was mine.

Attorney answers (8)

  1. Michael Charles Doland

    Contributor Level 20

    11

    Lawyers agree

    Answered . The answer is probably covered by your written retainer agreement which you should have received. The file belongs to you as the client unless you agreed to pay a fee to copy for the attorney.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more
  2. Norman Gregory Fernandez

    Pro

    Contributor Level 15

    10

    Lawyers agree

    Answered . The attorney has a legal duty to provide your file to you free of charge no matter what the retainer says. If the attorney wants to copy it is at his own expense. This is a basic rule pursuant to the California Rules of Professional Responsibility that every attorney should know and abide by.

    No attorney/client relationship is or shall be created by this response on Avvo to non-clients of The Law Offices... more
  3. Chad Guevara Boonswang

    Contributor Level 14

    10

    Lawyers agree

    Answered . Look to your fee agreement for the answer.

    Free Consultation. 1-800-330-2274
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Check your fee agreement as it should contain your agreement with respect to the file.

    Free Consultation. 1-877-258-3083. Serving the Nation. Only 29% Fee Deducted.
  5. Jeffrey David Bohn

    Contributor Level 12

    7

    Lawyers agree

    Answered . The file is yours and he must release it immediately to you and he cannot charge you for a copy, although he may make a copy for himself at HIS cost. To "hold your file hostage" is a violation of the state Bar rules of professional conduct (Rule 3-700 (D)) which is written as follows:

    (D) Papers, Property, and Fees.
    A member whose employment has terminated shall:
    (1) Subject to any protective order or non-disclosure agreement, promptly release to the client, at the request of the client, all the client papers and property. "Client papers and property" includes correspondence, pleadings, deposition transcripts, exhibits, physical evidence, expert's reports, and other items reasonably necessary to the client's representation, whether the client has paid for them or not;"

    You may have already paid him for the cost of it under the "costs" provision of your retainer agreement anyhow. Cite the Rules section to him and you'll get your file today.

  6. Brian J. Amick

    Contributor Level 4

    8

    Lawyers agree

    Answered . I don't practice in California but in Missouri and Kansas the file is the property of the client and must be given to the client if they ask. The lawyer is entitled to keep a copy.

  7. Frank Wei-Hong Chen

    Contributor Level 20

    6

    Lawyers agree

    Answered . The file is yours. However, whether the lawyer can charge you a copying fee depends upon your retainer agreement.

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice.... more
  8. Victoria Lindenauer

    Contributor Level 8

    5

    Lawyers agree

    Answered . No.

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