What are the laws regarding turning over your case file?

Asked over 1 year ago - Kansas City, KS

On Tuesday I had an attorney in Kansas that voluntarily withdrew. I have a related court appearance in Missouri this coming Tuesday that involves the exact same evidence which my now former attorney has. I went to her office to request my case file and was told I won't be able to get it until Monday at 4pm. I had also sent and email and left a voicemail the night before. My court date is Tuesday at 8:30am. Is this legal? I know the file has to be turned over and I've been scrambling to obtain new counsel, but without access to my case file I feel like I've been screwed over. Under what circumstances does my case file need to be turned over? Do I need to make a formal request in writing, do I have to give her some notice? She voluntarily withdrew so shouldn't she have known this.

Attorney answers (2)

  1. Michael Douglas Shafer

    Contributor Level 20


    Lawyers agree


    Answered . Your file is yours. Plain and simple. I can see prior counsel saying "Give me a day or so to copy it", but your new counsel might have to request a continuance.

  2. Rocky Gene Ball Jr.

    Contributor Level 9

    Answered . Your prior counsel must turn your file over, however, it is within reason to assume she will need a day or two to prepare it, I would inform you new counsel of the situation and they will likely be able to get your case continued to allow them to get themselves up to speed on your case.

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